Traumatic brain injury and mental capacity

Evans v Betesh Partnership [2021] EWCA Civ 1194

The Court of Appeal has considered a case in which a judge in the first instance court had struck out a claim for professional negligence where lawyers (a firm, its solicitors, and a barrister) had allegedly under-settled an action by the claimant who had suffered a traumatic brain injury in a road traffic accident. The capacity of their former client to litigate was a central issue in the case.