Capacity to Litigate

Capacity to Litigate means having the ability to advise your solicitor or legal professional to act on your behalf and to be able to take part in any court proceedings.

It also means that you have to be able to understand what is happening with your case and the progress, what your solicitor advises, and also what decisions you may have to make.

Going through a court case is stressful and can be complex.

For people living with cognitive impairments or have a reduced ability to consider multiple pieces of information, your solicitor may advise that you have an assessment to see if you have the capacity to do this.

If you don't have the capacity to make decisions about a court case, you can be appointed a litigation friend.

An assessment can identify where you need support if you are able to conduct court proceedings.