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In yesterday’s webinar, Laura Johnson and Susanna Bennett went back to basics on the law of capacity as it relates to personal injury claims with a focus on some of the knotty practical issues that commonly arise in practice, where there are concerns about the capacity of a party.

The webinar covered:

  • The nuts and bolts of the Mental Capacity Act 2005
  • Capacity in personal injury proceedings – the role of CPR 21
  • Hints and tips on common issues for practitioners, including:
    • when to obtain evidence on a client’s capacity
    • what evidence to compile
    • how to find a litigation friend
    • disagreements between experts
    • how to approach fluctuating capacity
    • concerns that the other party may lack capacity

The second webinar in this two-part series will be scheduled for early 2022 and will consider Capacity Issues and Claims arising out of Traumatic Brain Injury.