Capacity Issues in Personal Injury Litigation

Introduction

Capacity issues affect all areas of practice and impact both claimant and defendant practitioners.

This webinar will consider difficult situations where capacity to litigate is in dispute on the evidence because a claimant’s capacity is borderline or fluctuates.

Practical guidance will be given to help practitioners on both sides manage those cases as well as any litigation friends, or quasi-litigation friends, who may be involved.

What You Will Learn

This webinar will cover the following:

• Why it is important for both Claimants and Defendants to determine capacity to litigate early on
• The test for capacity in the Mental Capacity Act
• Indicators of incapacity - what to look out for
• Difficult cases:
• Disputed capacity
• Borderline capacity
• Fluctuating capacity
• Litigation Friend issues

This pre-recorded webinar will be available to view from Tuesday 17th February 2026

Alternatively, you can gain access to this webinar and 1,900+ others via the MBL Webinar Subscription. Please email webinarsubscription@mblseminars.com for more details.