Capacity: When does a settlement settle nothing?

St Philips Chambers | Personal Injury Law Journal | May 2014 #125
Jim Tindal summarises mental capacity, CPR 21 and Dunhill v Burgin [2014] ‘The issue at the heart of Dunhill was: what “claim” must the claimant have capacity to commence? The claim which it was wrongly believed at the time the claimant had, or the (much bigger) claim they in fact had unknown to anyone at …

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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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