In yesterday's webinar John Ross QC, David Thomson and Susanna Bennett considered the intersection of mental capacity and claims arising out of traumatic brain injuries. They outlined the legal principles for practitioners to be aware of and gave practical guidance, covering:
- Introduction – the relationship between brain injury and lack of capacity (specifically the capacity to manage one's own affairs and to conduct legal proceedings).
- What is traumatic brain injury and how do you prove it?
- Indicators and consequences of lack of capacity.
- Assessment of litigation capacity – timing and evidence.
- Conducting proceedings – litigation friends and family. Engaging with Claimants and managing them, their families and litigation friends.
- Capacity and the assessment of damages.
- The Court of Protection:
- deputyship;
- personal injury trusts;
- investment advisors and decisions;
- applications for approval;
- after the order – pitfalls and future care and conduct.
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.