Claims involving a mentally incapacitated claimant

Claims involving a mentally incapacitated claimant guidance:

When court approval is required Any settlement, compromise or payment arising from a claim on behalf of a protected party is not binding unless it has been...

Practice Note

Where money is recovered on behalf of a protected party, the court may give directions providing that it will be wholly or partly paid into court and invested, or dealt...

Practice Note

Defining mental capacity A person lacks capacity in relation to a matter if, at the relevant time, they are unable to make a decision for themselves in relation to the...

Practice Note

Payments into court are now made in only limited circumstances. These may include: • following an infant settlement • where some protection is required either on behalf...

Practice Note

The litigation friend A protected party means a party, or an intended party, who lacks capacity to conduct the proceedings within the meaning of the Mental Capacity Act...

Practice Note

Background As a result of the implementation of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012) and the abolition of legal aid (except in...

Practice Note