Limitation periods for persons under a disability and claims involving deliberate or mistaken concealment of facts
Limitation periods for persons under a disability and claims involving deliberate or mistaken concealment of facts

The following PI & Clinical Negligence guidance note provides comprehensive and up to date legal information covering:

  • Limitation periods for persons under a disability and claims involving deliberate or mistaken concealment of facts
  • Persons under a disability
  • Fraud, concealment or mistake

Persons under a disability

Claimants under a disability

A claimant under a disability is someone who is either:

  1. under 18 years of age, or

  2. of unsound mind as defined by the Mental Capacity Act 2005

When is someone of unsound mind?

A person will be of unsound mind if they are unable to make a decision for themselves in relation to the matter in question because of an impairment of, or a disturbance in, the functioning of their brain.

A person will be unable to make a decision if they are unable to:

  1. understand the information relevant to the decision

  2. retain the information

  3. use or weigh it up as part of the decision-making process

  4. communicate their decision

What should you do if you have a client who may be of unsound mind?

If you have a client whom you suspect may be of unsound mind, you should discuss the matter wit