Civil Justice Council launches working group on mental capacity

The Civil Justice Council (CJC) has set up a working group to examine the procedures for determining whether parties to civil proceedings may lack mental capacity.

The group will be co-chaired by Daniel Clarke and Sophy Miles has been appointed as a member.

In April 2022, following an article he had written on the subject, Daniel was invited to present to the CJC on issues regarding the procedures in relation to mental capacity and what might be done to address them. The CJC accepted his proposal to set up a working group to consider the matter in further detail and invited him to serve as co-chair, together with CJC-member Diane Astin of Deighton Pierce Glynn Solicitors.

Sophy, who is joint leader of chambers’ Court of Protection and Mental Health Team, was appointed as a member of the group in light of her extensive experience in relation to mental capacity law.

The group will also include judges and representatives of the Official Solicitor’s office, among others.

Further details of the working group can be found here.