1CL Webinar: Capacity and Traumatic Brain Injuries

In the second of our two part webinar series on capacity, John Ross QC, David Thomson and Susanna Bennett consider the intersection of mental capacity and claims arising out of traumatic brain injuries. They outline the legal principles for practitioners to be aware of and give 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.