header-logo header-logo

16 August 2018 / Giles Eyre , Linda Monaci
Issue: 7806 / Categories: Features , Expert Witness , Mental health
printer mail-detail

Practical advice on capacity to litigate

nlj_7806_monaci

Giles Eyre & Linda Monaci present a case study on mental capacity to litigate, including key learning points for practitioners

  • Illustrates the challenges for solicitors and experts via a fictitious example of a borderline mental capacity case.

John, now 19 years old, is pursuing a personal injury claim against his employer. He had sustained a severe traumatic brain injury (TBI) and some orthopaedic injuries in an accident at work. Liability was established at trial but damages are yet to be assessed.

Background history

John lived in a flat organised by social services from the age of 13 years of age due to physical abuse by his mother and step-father. He left school at 15. He regularly smoked cannabis and for a period also heroin. He worked six months on a building site but left after an argument with his manager. Just before the index event he found further employment on a building site, where the accident occurred.

At discharge from hospital, he returned to his flat. He received little community

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Kingsley Napley—Kelly Greig & Abbie West-Kelsey

Kingsley Napley—Kelly Greig & Abbie West-Kelsey

Firm strengthens international tax team with partner and tax manager hire

Dawson Cornwell—Russell Bywater

Dawson Cornwell—Russell Bywater

Family law firm appoints new managing partner and head of matrimonial department

Forbes Solicitors—Katy Parkinson & Paul Hatton

Forbes Solicitors—Katy Parkinson & Paul Hatton

Employment and commercial offering strengthened by double hire

NEWS
Counsel for CILEX, for law centres, for the Association of Personal Injury Lawyers and for the Law Society laid out their arguments last week in the high-profile Mazur case
Commercial law is changing fast, driven by new technologies and the growing complexity of global markets. The University of Manchester’s LLM in International Commercial and Technology Law brings focus to that shift, highlighting the core areas that now define effective commercial legal work. By exploring corporate governance, data rights, fintech regulation and digital era intellectual property, this course gives professionals the insight they need to make informed, confident decisions in a rapidly evolving landscape
Making refugee status temporary and subject to review every 30 months will put pressure on an ‘already overstretched’ justice system, the Law Society has warned
Statutory limitation periods do not apply to unfair prejudice petitions brought under the Companies Act, the Supreme Court has held in a 4–1 majority decision, Lord Burrows dissenting
A Mental Capacity Act ‘best interests’ analysis must be undertaken for all treatment decisions for incapacitated adults, the Court of Appeal has held
back-to-top-scroll