October 2012 Archive

Pursuing claims against defendants where there are doubts about their mental health

When considering bringing a claim there are a number of questions that must be answered, not least whether the defendant is capable of complying with the remedy that is being sought. However, particular consideration should be given where there is evidence on the facts that the Defendant may be a “person under a disability” due to mental health issues. If that is the case then the court may refuse to issue a judgment or a warrant until further enquiries are made by the claimants in this regard.
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