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PI Brief Update

What Exactly Are Defective Thought Processes? - Bill Braithwaite QC, Head of Exchange Chambers

11/08/13. This is another post about mental capacity, but it’s more of a question. When we consider whether an injured person has mental capacity, ie the ability to manage his or her own affairs, we are interested in their thought processes, not simply the decisions they make. In fact, it is clear that making bad decisions does not necessarily prove that someone lacks capacity.

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All information on this site was believed to be correct by the relevant authors at the time of writing. All content is for information purposes only and is not intended as legal advice. No liability is accepted by either the publisher or the author(s) for any errors or omissions (whether negligent or not) that it may contain. 

The opinions expressed in the articles are the authors' own, not those of Law Brief Publishing Ltd, and are not necessarily commensurate with general legal or medico-legal expert consensus of opinion and/or literature. Any medical content is not exhaustive but at a level for the non-medical reader to understand. 

Professional advice should always be obtained before applying any information to particular circumstances.

Excerpts from judgments and statutes are Crown copyright. Any Crown Copyright material is reproduced with the permission of the Controller of OPSI and the Queen’s Printer for Scotland under the Open Government Licence.