IF A CLAIMANT ISSUES AND LITIGATES WHEN THEY DO NOT HAVE CAPACITY – ARE THEY LIABLE FOR THE COSTS INCURRED? COURT OF APPEAL SCRUTINISES EXPERT EVIDENCE AND FINDS IT WANTING

Yesterday we looked at issues relating to the capacity of a solicitor's client and their consequent liability to pay costs.  Today we look at a case about inter partes costs. If a claimant brings proceedings but does not, in fact, have capacity - are they then liable to pay the defendant's costs?  T...