Capacity to Litigate

Out of focus woman signing an important document.

What is litigation capacity and why is it important?

7 April 20255 April 2025
Mental Capacity in Practice

Litigation capacity is a person’s ability to conduct legal proceedings. It is a dynamic and longitudinal process, requiring active understanding, retention and use of salient information to weigh up related decisions and give direction to a legal representative.

Stack of legal texts alongside open notebook

What is capacity to litigate?

20 March 202311 March 2023
Mental Capacity in Practice

Mental capacity to litigate refers to an individual’s ability to follow, understand and engage with litigation proceedings. This includes the process of conducting affairs through a solicitor.