Archive for April, 2014

Autistic Litigant Received a Fair Hearing

In the context of a case in which an autistic son challenged his father’s will, the Court of Appeal has given important guidance on the steps that should be taken to ensure that vulnerable litigants in person receive a fair hearing. The son had been cut out of his father’s will in favour of his brother and had accused the latter of fraud and bringing undue influence to bear. Those allegations were dismissed by a judge, who upheld the validity of the will. The son suffered from Asperger’s Syndrome and associated cognitive, social and communication difficulties and had initially been represented by the Official Solicitor, acting as his litigation friend. However, his legal aid funding was later withdrawn and the Official Solicitor had been unwilling to continue to act for him. An issue therefore arose as to whether the son had the ... Read more
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