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.
This week we examine an unusual arbitration case involving (or did it?) a foreign limitation period; and another decision on the tension between open justice and protection of commercially sensitive information (we understand, by the way, that on 25th February the Court of Appeal will…
This week we look at two decisions, both of which will be of critical importance to practitioners in pursuance of contested litigation. In one, unusually, without prejudice correspondence was admissible in a case involving fundamental dishonesty; whilst in the other, the court reviewed the authorities…
Following a 5-day liability trial in the High Court in Manchester, the Claimant’s negligence and Human Rights Act claims were dismissed by HHJ Bird sitting as a Judge of the High Court. The Claimant was a Type 1 diabetic who suffered from a history of…
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