Capacity is an important issue that can arise in cases of all values and complexities. Sometimes the case is straightforward and low value but the injured party has pre-existing vulnerabilities affecting their ability to give instructions and make decisions. In other cases the claimant has suffered an acquired brain injury causing capacity issues to be of central importance in the claim. It is important that lawyers of all levels of experience have an understanding of capacity issues and what to do when they arise. The law is not perhaps as straightforward and accessible as it might be, considering the sensitivities and importance of the area.
Recently, Ella Davis and Susanna Bennett prepared a briefing introducing capacity issues and how they should be managed. In this second briefing in the series John Ross QC, David Thomson and Sarah Prager provide a more in depth analysis to assist you when navigating the law and practice in this area.