Issues of mental capacity may not feature heavily in the caseload of the average litigator, but many of us will have had reason at one time or another to question our own client’s instructions, or those being provided by the opposing party.

Capacity issues can arise unexpectedly in any case, and when they do, a number of different considerations come into play: what about representation? What about settlement? Costs? Does the Court of Protection need to be involved? It is therefore something all litigators (indeed all lawyers) should be alive to.

The aim of this article is to be a ‘rough and ready’ guide to capacity issues in litigation and a starting point in how to navigate them.

What is mean...

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