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Retrospective determination of a person's capacity to settle a personal injury claim
14 March 2011
On 7th March 2011 the High Court found that when undertaking a restrospective assessment of a person's capacity to settle a personal injury claim, the Court did not have to consider the person's capacity to make decisions on issues, which had not arisen. The Court only had to look at what the person concerned did, not what they might have done. On the evidence in this particular case, the person did have capacity to make the material (and actual) decisions and accordingly, the consent order remained effective.
Joanne Dunhill (by her litigation friend Paul Tasker) -v- Shaun Burgin
Andrew Petchey, Partner, 14th March 2011
