Capacity, But Not As We Know It?

Normally when writing articles relating to the question of capacity I am reviewing a case where the court had to consider whether the testator had the requisite testamentary capacity to execute their will. Unusually, in the recent case of Wickham V Riley & Ors [2020] the court was asked to determine whether the claimant, Alexander Wickham ("Alexander") had had capacity to discontinue proceedings he had issued with his twin sister, Isabelle under and Inheritance (Provision for Family & Dependants) Act 1975 ("the Act") following the death of their father, Anthony John Wickham ("Anthony") and if so, whether he should be granted permission to extend time to bring a fresh set of proceedings, the primary limitation period having expired.