The Capacity to Litigate

Capacity to litigate can be known as the capacity to engage in court proceedings, or you may require a capacity to litigate certificate. Our assessments and corresponding reports are based on UK Case law and inline with Civil Procedure Rules (CPR) ensuring our mental capacity assessment reports of the highest professional quality. 

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What the law says

When it comes to capacity to litigate the official solicitor is very clear on the information that a person needs to be able to understand. This includes:

  • Capacity to make decisions that arise in litigation

  • Capacity to understand advice

  • Capacity to understand compromise

Your Questions Answered

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  • What to expect

Our assessments usually take around an hour, and our friendly, experienced social workers do their best to make sure it's a comfortable and relaxed experience. We're accredited expert mental capacity assessors, so you're in good hands.

 

  • What's Included in the assessment?

Everything necessary is included, an assessment either face to face or via video link as well as a corresponding report. Where necessary our Social Workers will complete additional assessments such as a Montreal cognitive assessment and a financial decision tracker to strengthen their reports at no additional cost.

 

  • Why Choose Nellie?

We have worked with official court solicitors to create a bespoke assessment report to assess and record the mental capacity of an adult to engage in court proceedings in the Family Court, the High Court, a county court, or the Court of Appeal.

  • Who can complete a mental capacity assessment?

In cases involving complex or major decisions, you may need to get a professional opinion. The assessor must be an impartial, qualified professional, such as a doctor, nurse, or social worker.

  • Can we complete video-link or face to face assessments?

We can visit you in your own home or any other suitable space you feel most comfortable and at a time of your choosing. In those instances where face-to-face assessments aren't viable, we offer a fully secure video-link assessment service.

 

Accreditations

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Social Work England is a specialist body taking a new approach to regulating social workers in their vital roles. All of our Social Workers are registered with Social Work England for your peace of mind. 

 

Our assessors are accredited Montreal Cognitive Assessment (MoCA) assessors with specific experience in completing capacity assessments and specialist reports.

All of our assessors have undergone extra training to become accredited financial vulnerability experts according to Lichtenberg standards, so they can provide even more detailed reports on mental capacity.

CASE STUDY

Trevor suffered a fall at work resulting in an acquired brain injury; Trevor's life changed from that moment onwards. He was no longer able to work and relied upon his parents for support in managing his day-to-day activities, such as shopping. 

Trevor had spoken to a solicitor to start legal proceedings against the company he had been employed by at the time of the accident. Due to his brain injury, however, Trevor's solicitor required an assessment of his capacity regarding litigation. 

Trevor was anxious about the assessment as he felt since the accident, people had treated him as incapable; however, he found the assessment to be a relaxed affair completed at a pace that suited him. Trevor engaged well with the assessor, and although he needed a little extra time to answer the assessor's questions, he was able to evidence his understanding of the relevant information as outlined by the Official Solicitor. 

With this report, Trevor's solicitor was able to move forward with the litigation and take instruction directly from Trevor as opposed to an attorney or litigation friend. 

Need to talk things through?
Talk to our team.