Mackay v Wesley WTLR(w) 2021-03

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Capacity: Test of capacity to conduct proceedings

7 Bedford Row | Personal Injury Law Journal | April 2014 #124
Deirdre Goodwin provides analysis and considers the effect of a finding of incapacity to conduct proceedings upon the status of settlements not approved under CPR r21 ‘The re-assertion of the principle that an apparently fully informed and properly advised settlement will be treated as void if a claimant is retrospectively considered to be a protected …

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Capacity: Masterman-Lister and Bailey v Warren revisited

13 King’s Bench Walk | Personal Injury Law Journal | February 2013 #112
Deirdre Goodwin considers when neurological advice should be sought Where a person sought to rely on an unsoundness of mind, he had to show that such incapacity had been known to his opponent. The recent case of Dunhill v Burgin highlights the risks of settling cases where the claimant lacks capacity and a litigation friend …

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