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18 October 2024
Issue: 8090 / Categories: Legal News , Family , Divorce , Mental health , Health & safety
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NLJ this week: Litigation capacity & the role of the family lawyer

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How should family lawyers work with clients who lose or lack capacity?

In this week’s NLJ, Nicola Beasley, senior associate, Stowe Family Law, explains the concept of litigation capacity, differentiates between this and decision-making, and offers practice points for cases in which clients lose, or lack, litigation capacity.

Beasley covers case law on the topic and sets out clear, practical advice for lawyers involved in cases in which issues about a client’s litigation capacity arise.

The author writes: ‘As with mental health, litigation capacity can fluctuate.’ She also advises lawyers to remember that litigation capacity ‘is not based on whether the person’s decisions are unwise or unusual, or on whether you agree with them or not’.

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
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Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
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