Civil Justice Council, 'Procedure for Determining Mental Capacity in Civil Proceedings Working Group: Consultation Paper' (consultation from 15/12/23 to 17/3/24)
Capacity in civil proceedings "The Working Group will consider how the Civil Courts approach mental capacity. It will have regard to the procedure and common practice in use for determining whether a party lacks capacity to conduct proceedings (i.e. is a protected party within the meaning of Part 21 CPR)."
Extract from web page
Terms of reference
The Working Group will consider how the Civil Courts approach mental capacity. It will have regard to the procedure and common practice in use for determining whether a party lacks capacity to conduct proceedings (i.e. is a protected party within the meaning of Part 21 CPR).
It will seek to make recommendations to improve rules, practice directions, or other matters relating in this regard. The Working Group will consider the following areas in particular:
- How the issue as to a party’s mental capacity is identified and brought before the court.
- The procedure for investigating the issue.
- The procedure for determining the issue.
- The position of the substantive litigation pending determination of the issue.
- The particular issues that arise in relation to these issues as regards:
- Litigants in person
- Parties who do not engage with the process of assessment of capacity
The Working Group may also find it necessary to consider wider aspects of the procedure and experience of protected parties (i.e. after the determination of protected party status) which appear of relevance during the course of its work.