Webinar Recording: Capacity and Traumatic Brain Injuries

News

16/06/2022

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:

Latest News & Events

Clarity on Intermediaries in Family Law Proceedings

On 10 April 2025, the Court of Appeal handed down Judgment in Re M (A Child) [2025] EWCA Civ 440, providing long awaited guidance for deciding whether and when to grant intermediary assistance to vulnerable parties in family proceedings. An intermediary is someone whose function…

The Dekagram: 14th April 2025

This week the government announced a further consultation on proposed amendments to the Package Travel and Linked Travel Arrangements Regulations 2018; Anirudh Mandagere considers the proposals in detail and provides a link for the use of those who wish to respond to them. Alternatively, you…

The High Court handed down its judgment in Butler v Ward [2025] EWHC 877 (KB) yesterday, striking out £2.5million of the Claimant’s Schedule of Loss. Francesca O’Neill represented the Defendant surgeon (instructed by DWF LLP).  The Judgment also raises interesting questions about when summary judgment applications…

Subscribe to our mailing list

Deka Chambers: 5 Norwich Street, London EC4A 1DR

© Deka Chambers 2025

Search

Portfolio Builder

Select the expertise that you would like to download or add to the portfolio

Download    Add to portfolio   
Portfolio
Title Type CV Email

Remove All

Download


Click here to share this shortlist.
(It will expire after 30 days.)