If someone cannot give evidence, supposedly because they cannot remember anything and/or are too frail do they lack capacity to litigate ?
Giving evidence is different to litigating.
Get yourself a solicitor. They’ll be able to help you.
I should be grateful if you could expand a little rather than being dismissive. Litigating necessarily involves having to give evidence. If someone cannot remember the issues they have pleaded or are defending, then presumably this raises a question about their capacity to litigate?
Capacity to Litigate assessment considers the case law established from Dunhill v Burgin (2014) and Masterman-Lister v Brutton and Co (2002), as well as the criteria for capacity established in the Mental Capacity Act (2005).
The assessor will consider the above case law to establish whether a person is able to engage in legal proceedings, including aspects such as whether they understand the course of proceedings, whether they are able to give instruction to their legal representative and understand evidence relevant to the claim. They would also need to be able to reach a decision in relation to any financial settlement
1 Like
You appear to be under the false impression that I am under any duty to give advice, or indeed to expand on the advice that I already gave you.
You have my recommendation; it is entirely your choice whether you choose to follow it or attempt to get free legal advice from a chat forum having given very limited facts on what is probably a pretty complex matter.