Giles Eyre & Linda Monaci present a case study on mental capacity to litigate, including key learning points for practitioners
- Illustrates the challenges for solicitors and experts via a fictitious example of a borderline mental capacity case.
John, now 19 years old, is pursuing a personal injury claim against his employer. He had sustained a severe traumatic brain injury (TBI) and some orthopaedic injuries in an accident at work. Liability was established at trial but damages are yet to be assessed.
Background history
John lived in a flat organised by social services from the age of 13 years of age due to physical abuse by his mother and step-father. He left school at 15. He regularly smoked cannabis and for a period also heroin. He worked six months on a building site but left after an argument with his manager. Just before the index event he found further employment on a building site, where the accident occurred.
At discharge from hospital, he returned to his flat. He received little community rehabilitation.
At the first neuropsychological assessment, 13 months post-accident,
