Capacity to Litigate

There are a number of tests that must be passed by a person suspected of being incapable to instruct a solicitor. AIVuk members have the knowledge to assist those seeking to demonstrate this capacity. Taking an initial view on the capacity to litigate will involve relevant tests including:

This may lead to a Part 35 report for court proceedings. Our reports consider whether a person is:

Members will consider whether the subject can understand the potential "twists and turns" of their case and whether they are able to approve a potential compromise. In making these assessments we are careful to provide the subject with as much support as possible to enhance their capacity. We also consider what measures could be put in place during proceedings to allow them to conduct their own litigation.

Please contact the member for your area if you need further information.