What is capacity to litigate?
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.
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.
In today’s reflection on the proposed updates to the Mental Capacity Act’s Code of Practice, we consider the protection that the Act provides. This is the overarching protection both for the individual, as well as those supporting them including friends, family and professional staff at all levels.