Litigation Capacity Assessment
Independent assessment of capacity to conduct litigation under the Mental Capacity Act 2005 in England and Wales. Our psychiatrists provide opinion on whether individuals have the mental capacity to make decisions about legal proceedings, essential for protected party applications and litigation friend appointments.
When This Report Is Instructed
- Applications to appoint a litigation friend
- Cases where a party's capacity to conduct litigation is in doubt
- Protected party applications in personal injury claims
- Court of Protection proceedings requiring capacity evidence
- Cases involving dementia, brain injury, or severe mental illness
- Settlement approval hearings for protected parties
What the Report Covers
- Comprehensive psychiatric assessment and diagnosis
- Application of the Mental Capacity Act 2005 principles
- Assessment of ability to understand information relevant to the litigation
- Evaluation of ability to retain relevant information
- Assessment of ability to use or weigh information in decision-making
- Evaluation of ability to communicate decisions
- Consideration of the specific decisions required in the litigation
- Assessment of fluctuating capacity where relevant
- Opinion on whether capacity is likely to be regained
- Recommendations for support to maximise capacity where appropriate
The report provides independent expert psychiatric opinion to assist the court or tribunal and does not determine liability, findings of fact, or legal outcomes.
Expert Standards
Duty to the Court
Independent, objective opinion uninfluenced by the instructing party.
CPR Part 35 Compliance
Full compliance with CPR Part 35 and Practice Direction.
Statement of Truth
Expert declaration and Statement of Truth included.
This applies equally to claimant, defendant, and single joint expert instructions.
How to Instruct
Send your instruction
Email instruct@psychiatric.report with your letter of instruction, relevant documents, medical records, and questions to address.
Assessment arranged
Assessment arranged remotely or at a suitable location, as required by the instruction.
Draft report issued
Draft report provided for review. Part 35 questions and addenda addressed as applicable.
Final report delivered
Final report with CPR declarations. Court attendance available if required.
Practicalities
Turnaround
2–4 weeks standard; expedited available subject to availability
Indicative Fee
£1,400–£1,800
Subject to complexity and records volume
Additional work: Part 35 questions, addenda, joint statements, and court attendance are available where required. Fees for additional work are confirmed once scope is clear.
We typically respond within 1 working day.