Mackay v Wesley WTLR(w) 2021-03

Wills & Trusts Law Reports | Web Only

Capacity: Test of capacity to conduct proceedings

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 …
This post is only available to members.

Capacity: Masterman-Lister and Bailey v Warren revisited

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 …
This post is only available to members.