An application for appointment of a litigation guardian may be made ex parte by the party's own solicitor, acting as an officer of the court, where the other parties to the litigation have no relevant interest in the application. Medical evidence is not required to establish incapacity where the party refuses examination; the court may rely on the assessments of experienced legal practitioners. The test for incapacity is issue-specific and context-specific, requiring assessment against the facts and complexity of the particular litigation.
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3 of the 20 citing cases carry a classified treatment. How each court treated it is available to signed-in members.