Capacity: A nuanced approach

Ten Old Square | Trusts and Estates Law & Tax Journal | November 2020 #218
Adam Stewart-Wallace outlines lessons from Hinduja on conducting litigation Hinduja v Hinduja [2021] involved the determination of two essentially independent, but independently interesting, applications, one regarding the appointment of the claimant’s daughter as litigation friend (the regularisation application), and the second regarding a privacy application made by the defendants (the privacy application). The court’s treatment …

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Catastrophic brain injury claims: Assessing mental capacity

12 King’s Bench Walk (Chambers of Paul Russell QC) | Personal Injury Law Journal | July/August 2019 #177
Pankaj Madan explores how a party’s capacity affects brain injury litigation ‘If a person is able to understand an explanation of the information relevant to a decision by the use of simple language, visual aids or other means, then they are not to be regarded as unable to understand the information because those adjustments have …

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Brain injury: Challenges for claimants

7 Bedford Row | Personal Injury Law Journal | June 2019 #176
Deirdre Goodwin examines the pitfalls in quantifying brain injury claims ‘Careful investigation is required of the claimant’s pre-accident employment, not only evidenced by payslips but – in respect of the future – the likely career trajectory.’ This is a time of rapid change: the discount rate, appropriate accommodation claims methodology, as well as significant advances …

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