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When a mental capacity assessment of a litigant should be carried out (Royal Bank of Scotland v AB)

Published on: 04 March 2020
Published by: LexisPSL
  • When a mental capacity assessment of a litigant should be carried out (Royal Bank of Scotland v AB)
  • What are the practical implications of this judgment?
  • What is the relevant background?
  • Background law
  • Background facts
  • The decision of the employment tribunal
  • What did the EAT decide?
  • Case details

Article summary

Employment analysis: An assessment of the mental capacity of a litigant to conduct employment tribunal proceedings should be carried out by an employment tribunal when, considered objectively, there is a ‘legitimate reason’ or ‘good cause for concern’ to doubt their capacity to litigate, according to the EAT. or take a trial to read the full analysis.

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