The appellant, who had been detained in a mental health facility for 23 years, appealed an order appointing the Public Guardian and Trustee as his litigation guardian.
The order was made by a judge on his own motion at a Call-Over Court immediately after removing the appellant's solicitor of record.
The appellant was not present and had no actual notice of the intention to make such an appointment.
The Divisional Court allowed the appeal and set aside the order, finding that there was no basis in law for the appointment and no evidence before the presiding judge concerning the factors required under the Rules.
