Litigation Capacity

Litigation Capacity can be assessed for any Court in England and Wales. This includes Child Care and Criminal cases, Employment Tribunals and Divorce and Financial Proceedings.

What is Litigation Capacity?

Litigation Capacity is a legal concept that refers to a person’s ability to understand, participate in and make decisions about legal Proceedings that concern them. In order to have litigation Capacity, a person needs to be able to do the following: understand the issues involved within the Court case, provide coherent instructions to their legal representatives, understand advice given by Solicitors, follow and take part in the Court process, weigh information in order to make decisions about the case.

We are also often asked to carry out Capacity Assessments in relation to the following: Forced Marriage Proceedings, Financial Matters, Consent to Sexual Relations, Adoption and/or Placement Proceedings, Contact Arrangements, Consent to Medical Treatment and Consent to Social Media Usage.

Please note, where applicable, we adhere to legal aid rates. Costs available upon request.

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