The Court declared that a plaintiff who had been under legal incapacity at the commencement and settlement of proceedings was no longer under such incapacity, based on updated neuropsychological and geriatric evidence demonstrating sustained cognitive improvement. The assessment of legal incapacity under r 7.13 and r 7.14 UCPR is task and time specific, and a plaintiff's capacity may be reassessed post-settlement where expert evidence supports restored cognitive functioning sufficient to understand legal advice, give instructions, and manage financial affairs. The tutor was removed under r 7.18(1)(b) and liberty was granted to apply for payment out of settlement monies held in court.
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