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Mental health – Persons who lack capacity. The claimant, D, was injured in a road accident and lacked the mental capacity to conduct proceedings on her own behalf. She issued proceedings against the road user who had injured her, and was not represented by a litigation friend. She was persuaded to settle the claim for a grossly undervalued sum. The Supreme Court held that D had lacked the capacity to commence and conduct proceedings. She ought to have had a litigation friend from the outset, and any settlement ought to have been approved by the court under CPR 21.10(1). The consent order under which the claim had been settled would be set aside and the claim would go to trial.
Mental health – Persons who lack capacity. The claimant, D, was injured in a road accident and lacked the mental capacity to conduct proceedings on her own behalf. She issued proceedings against the road user who had injured her, and was not represented by a litigation friend. She was persuaded to settle the claim for a grossly undervalued sum. The Supreme Court held that D had lacked the capacity to commence and conduct proceedings. She ought to have had a litigation friend from the outset, and any settlement ought to have been approved by the court under CPR 21.10(1). The consent order under which the claim had been settled would be set aside and the claim would go to trial.
Countering the gatekeeper agenda, troubling news on earnings disparities, spreading best practice in chambers, Pro Bono Week 2023, and the Rules of War
By David Cosway (with the help of ChatGPT)
Due to advances in research, technology and techniques, AlphaBiolabs can now offer alcohol testing for head hair samples that are just 1cm in length
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Countering the gatekeeper agenda, troubling news on earnings disparities, spreading best practice in chambers, Pro Bono Week 2023, and the Rules of War
