In yesterday's webinar, Laura Johnson and Susanna Bennett went back to basics on the law of capacity as it relates to personal injury claims with a focus on some of the knotty practical issues that commonly arise in practice, where there are concerns about the capacity of a party.
The webinar covered:
- The nuts and bolts of the Mental Capacity Act 2005
- Capacity in personal injury proceedings – the role of CPR 21
- Hints and tips on common issues for practitioners, including:
- when to obtain evidence on a client's capacity
- what evidence to compile
- how to find a litigation friend
- disagreements between experts
- how to approach fluctuating capacity
- concerns that the other party may lack capacity
The second webinar in this two-part series will be scheduled for early 2022 and will consider Capacity Issues and Claims arising out of Traumatic Brain Injury.
If you missed it, you can view it here:
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.