Sentences with phrase «litigation capacity»

Is there a duty on the local authority to ensure regular reviews of a parent's litigation capacity during proceedings?

Is it appropriate for a local authority to invite an expert to consider the question of litigation capacity before litigation is commenced?

It aims to place an emphasis on solid service to the business community while maintaining a robust litigation capacity.

A consultant neuro - psychologist gave evidence that it was «arguable» that F lacked litigation capacity but he was «inclined to think» that she could make decisions about her care.

Wall LJ is clear that the answer to the question of who should be responsible for the ongoing review of a parent's litigation capacity fell to be determined by the individual's legal team.

LITIGATION CAPACITY IN CARE CASES The Mental Capacity Act 2005 (MCA 2005) came into force on 1 October 2007.

Alpa has experience of representing clients where issues of litigation capacity arise and the official solicitor is involved.

At paras 169 to 182 Lord Justice Wall gives guidance as to how local authorities should deal with parents whom they think may lack litigation capacity.

It is clear from even a perfunctory reading that there is a tension between what is stated in MCA 2005 and the Code of Practice re the test to apply when considering a person's litigation capacity.

COMMENT It is submitted that MCA 2005 is a well written and clear piece of legislation which has made it obvious what test should be applied when considering the litigation capacity of a party.

It follows that the test contained within MCA 2005 now falls to be considered by the court each time a party's litigation capacity is being considered.