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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.
Update from the Chair of the Bar
By David Green
Mário Barroso, Head of R&D and Method Development at AlphaBiolabs, examines the forensic science underpinning hair drug testing, its evidential scope and limitations, and why it remains the gold standard for evidencing patterns of drug use in family proceedings
Unlocking your aged debt to fund your tax in one easy step. By Philip N Bristow
Clement Cowley, Partner at The Penny Group, discusses the upcoming changes to pensions and Inheritance Tax and the potential impact on your financial future
Save the Children UK is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
James McNeill Whistler at Tate Britain until 27 September Rothko in Florence at Palazzo Strozzi until 23 August Reviewed by Stephen Cragg KC
The Chief Legal Officer to the Metropolitan Police, barrister Brett Welch, tells Anthony Inglese CB about his mission and the work to turn the Met around
Barrister apprenticeships – shortly to provide the fourth pathway to the Bar – are an ideal opportunity to support local talent and ‘grow your own’, say Tim Coulson and Dr Jane Dennehy
Grok around and find out – or not? Mariya Peykova investigates the nudification scandal, what the law has to say about sexually explicit deepfakes, and whether stronger regulation is needed
Oliver Lewis spotlights an overlooked yet rapidly evolving area of law – coercive and controlling behaviour within care contexts
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