‘The witness cannot come to court because they are feeling unwell’: Fitness to attend court and give evidence

A witness or party's fitness to attend court or give evidence is an everyday issue for courts. A number of judgments are used to illustrate how some healthcare professionals fail to provide evidence that assists the courts when this is an issue. The court needs to understand the functional impact of the condition having regard to the physical and mental demands of attendance and the specific legal tasks that participation will entail. From these judgments, the information is identified which healthcare professionals need in order to provide optimal assistance to the courts. Recommendations are made as to the contents of a healthcare professional's report addressing the issue and as to guidance which should be drawn up for the courts, the legal and healthcare professions and the charities or organisations that provide practical assistance to litigants in person.