Mental Capacity remains one of the most complex and contested elements of Serious PI and Clinical Negligence litigation.
This webinar will combine a comprehensive update with focused and practical advice on how to identify and navigate mental capacity issues confidently and successfully.
Recent cases considered include:
- UK Supreme Court’s decision in Attorney General for Northern Ireland (Deprivation of Liberty) [2026] UKSC 16, which fundamentally reshapes how Deprivation of Liberty Safeguards (DoLS) operate across the UK. How does the judgment affect the principles established in Staffordshire CC v SRK and the scope of DoLS in catastrophic injury cases?
- Mohammed v Ali [2026] EWHC 401 (KB) – Updated advice on litigation capacity and the appointment of litigation friends.
- Burgess v Sikorski [2026] EWHC 1245 (KB) – Recovery of Court of Protection costs under the Fatal Accidents Act.
- R (on the application of CGT) v West Sussex CC – The interrelationship between Court of Protection Deputy undertakings, statutory assessments and capital disregards under the Care Act 2014.
Analysis will include broader implications of these developments for litigation strategy, quantum, and future trends in complex injury claims.
Barrister, Exchange Chambers, Liverpool
Matthew specialises in catastrophic personal injury and clinical negligence claims, acting for claimants and their families in cases of the utmost complexity, sensitivity and value. His practice focuses on brain injury, spinal cord injury and amputation claims, as well as other life-changing injuries.
He is frequently instructed in high-value and technically demanding cases, including those involving novel or developing areas of law, appeals and declaratory proceedings. He is often brought in to advise on strategy at an early stage and to work alongside solicitors in shaping cases for trial, joint settlement meetings and mediation... view full biography