8 May Case Updates Attention deficit hyperactivity disorder, dyslexia and litigation capacity litigation capacity, 10. Records Assessments and Site Visits, 11. Report Writing In short, the case illustrates a very common situation in which, on the basis of what is often an appropriately diagnosed psychological condition or mental disorder, it is asserted that a litigant is not capable of participating in legal proceedings. In criminal cases, in relation to the accused, the issue is usually fitness to plead and stand trial. In civil proceedings the issue is litigation capacity. As is often the case, the court’s decision is influenced by how the litigant has functioned in previous cases or earlier in the instant proceedings. F v W [2024] IEHC 631
19 November News Procedure for Determining Mental Capacity in Civil Proceedings litigation capacity, Civil Justice Council A Civil Justice Council working group has published a report setting out recommendations for the development of a procedure for determing mental capcity in civil proceedings. The working group notes this has been addressed to date by ad hoc solutions which have led to inefficiency, inconsistency of practice, and actions being taken without a clear legal basis.
11 October Case Updates Litigation capacity Psychiatry, litigation capacity, 10. Records Assessments and Site Visits, Jersey, 11. Report Writing Although accepting the medical expert's conclusion on the First Defendant's capacity to appear in court, the Bailiff noted that any further application for an adjournment on health grounds would require a much more significant explanation of the First Defendant's medical history, and precise problems and prognosis, to be provided well in advance. Emirates NBD Bank PJSC v Almakhawi and Ors [2024] JRC 086
7 August Case Updates CD v BB [2023] IEHC 204 Psychiatry, Reasoning, Ireland, litigation capacity, Addenbrooke’s Cognitive Examination, Montreal Cognitive Assessment, Frontal Assessment Battery, 06. Rules and Regulations, 11. Report Writing “Unnecessary detail”
6 June Case Updates Cannon v Bar Standards Board [2023] EWCA Civ 278 Psychiatry, Capacity to participate in disciplinary proceeding, capacity to appeal, litigation capacity, mental capacity act 2005, 06. Rules and Regulations, 11. Report Writing “Assessing capacity to participate in disciplinary proceedings”