Bailey v Warren [2006] EWCA Civ 51

Mental capacity: Come to an understanding

Zoe Culverwell highlights capacity issues in financial proceedings including capacity to enter into an agreement Lawyers must keep capacity under review throughout the whole retainer as it is not something that can simply be addressed at the outset of the case and then forgotten about. Mental capacity issues are increasingly common in financial remedy proceedings …

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Catastrophic brain injury claims: Assessing mental capacity

Pankaj Madan explores how a party’s capacity affects brain injury litigation ‘If a person is able to understand an explanation of the information relevant to a decision by the use of simple language, visual aids or other means, then they are not to be regarded as unable to understand the information because those adjustments have …

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Brain injury: Challenges for claimants

Deirdre Goodwin examines the pitfalls in quantifying brain injury claims ‘Careful investigation is required of the claimant’s pre-accident employment, not only evidenced by payslips but – in respect of the future – the likely career trajectory.’ This is a time of rapid change: the discount rate, appropriate accommodation claims methodology, as well as significant advances …

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