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Litigation Capacity
A litigation capacity assessment determines whether an individual has the mental ability to conduct legal proceedings. These reports provide the clinical evidence necessary to establish if a party is a “protected party” under the Civil Procedure Rules, requiring the appointment of a litigation friend.
Overview
When this report is required
- To determine if a claimant or defendant has the capacity to conduct their own litigation
- To support an application for the appointment (or discharge) of a litigation friend
- To evaluate a party’s ability to understand legal advice and provide consistent instructions
- To assess capacity for settling a claim or entering into a binding compromise
What the expert assesses
- Understanding of the nature and purpose of proceedings
- Ability to weigh risks and benefits of legal strategies
- Retention and use of information provided by counsel
- Impact of mental impairment on instruction-giving
- Capacity to make specific decisions throughout the litigation
Report specification
| Element | Detail |
|---|---|
| Assessment Setting | Clinic, Home Visit, Hospital, Remote |
| Court Acceptance | High Court, County Court, Family Court |
| Compliance | CPR Part 35, Mental Capacity Act 2005 |
CPR Part 35 Compliant
Digital Delivery
Urgent Instructions
Specialist expertise
Forensic Psychiatrists
Consultant Psychologists
Neuropsychiatrists
While these are the primary specialists engaged for this instruction type, please note that every case turns on
its own facts. Complex or multi-disciplinary cases may require a bespoke team of experts. Our case managers will
review your specific instruction to ensure the correct clinical match.