Mental Capacity to Litigate

A summary of case law of  relating to mental capacity to litigate. If you are have a client who may lack capacity to litigate, please get in touch.

Assessing the mental capacity of an individual to litigate has been proven to be quite beneficial for a number of reasons in the past years. If you want to get your mental capacity assessed in order to be able to litigate for yourself or know someone who would want to get assessed too, then get in touch with our professionals at Mental Capacity Access. 

What is meant by Mental Capacity Assessment to Litigate?

It is an assessment in which the mental capacity of a person to take part in legal proceedings is assessed. 

What is the Law under which the Mental Capacity Assessment to Litigate is regulated?

The Mental Capacity Assessment to litigate falls under the legal test laid out in the Dunhill v Burgin case. In this case, the test was laid down according to which a person can litigate for his or her own matter. Moreover, the CPR would require the person to have a litigation friend who will be conducting the proceedings on his or her behalf. Thus, it is important to note that such an assessment is not covered under the Mental Capacity Act.

Why is it important to conduct a Mental Capacity Assessment to Litigate?

Mental capacity assessment for litigation can help the client in realizing what he or she is getting into by wanting to litigate their own legal matter. It will them in identifying whether a better legal help is required by them or not. Moreover, they will be able to ascertain whether they have the mental capacity to deal with all the procedures of an ongoing case and whether they are able to understand the complexities of a legal matter. Furthermore, the client will be allowed to voice his or her opinion throughout the assessment. 

What is the Procedure for a Mental Capacity Assessment to Litigate?

The mental capacity assessment to litigate would be taken through a video link or in-person if the individual is comfortable in doing so. The assessor will be asking open-ended questions from the individual for approximately an hour. The questions will be regarding various difficult legal issues; therefore it is advisable for the individuals to read problem-solving books before getting assessed. 

What Information is required for a Mental Capacity Assessment to Litigate?

Information regarding the legal matter would be required by our professionals that the client wishes to pursue. Moreover, the individual would have to submit details regarding his or her financial updates and medical conditions.

What happens if a person lacks the capacity to litigate?

According to the judgment of the Dunhill v Burgin case and the provisions of the Civil Procedure R, if a person lacks the mental capacity to litigate, then his or her litigation friend would be conducting the proceedings for him or her. 

If you want to litigate a case, and want to assess your mental capacity to litigate, then please get in contact with one of our professionals at Mental Capacity Assess. 




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