Capable of managing and administering property and affairs: Old case, new law

Abstract

An 18-year-old woman suffered brain injury in a road traffic accident. She brought a personal injury action against the driver of the car. The writ was not served within the limitation period of 3 years from the date of the accident. It was her case that the limitation period should not apply because since the date of the accident she had not ceased to be of unsound mind in that by reason of mental disorder within the meaning of s. 1 of the Mental Health Act 1983 she was incapable of administering her property and affairs. The court found that she had the capacity to manage and administer her property and affairs. Her action therefore failed. The case is used to illustrate the approach which the courts and experts take to the assessment of capacity to manage and administer property and affairs. Proposals for changes in the law relating to capacity are also discussed.

Key Words:

• capacity
• disability
• law reform
• property and affairs
• brain damage
• Mental Health Act 1983