If a person ('D') does an act in connection with the care or treatment1 of another person ('P'), and: (1) before doing the act, D takes reasonable steps to establish whether P lacks capacity2 in relation to the matter in question3; and (2) when doing the act, D reasonably believes that P lacks capacity in relation to the matter, and that it will be in P's best interests4 for the act to be done5, then in those circumstances D does not incur any liability in relation to the act that he would not have incurred if P: (a) had
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What are OFTOs?Offshore Transmission Owners (OFTOs) are the owners of offshore transmission assets which connect offshore wind farms to the onshore electricity network. The transmission assets comprise everything between the offshore point of connection with the generating wind farm assets and the
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.Note: this Practice Note does not deal with the
Deceit—what is it?A deceit occurs when a misrepresentation is made with the express intention of defrauding a party, subsequently causing loss to that party.The elements of a claim in deceit are:•a clear false representation of fact or law•fraud by the maker, in the sense that they knew that the
Fraud by false representationFraud by false representation applies to a broader range of conduct than the offences under the preceding legislation (the Theft Act 1968 (TA 1968)). No gain or loss need actually be made, and no deception need operate on the mind of the deceived for the Fraud Act 2006
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