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Consultation on how civil courts approach determining mental capacity
A Civil Justice Council-approved working group is currently considering -
‘… how the Civil Courts approach mental capacity. It will have regard to the procedure and common practice in use for determining whether a party lacks capacity to conduct proceedings (i.e. is a protected party within the meaning of Part 21 CPR).
It will seek to make recommendations to improve rules, practice directions, or other matters relating in this regard.
The Working Group may also find it necessary to consider wider aspects of the procedure and experience of protected parties (i.e. after the determination of protected party status) which appear of relevance during the course of its work.
The CJC has also launched a public consultation, which is open until 17 March 2024.
Responses should be submitted by PDF or word document to .(JavaScript must be enabled to view this email address).