The following Private Client practice note Produced in partnership with Dorothy Kellas of Gilson Gray LLP provides comprehensive and up to date legal information covering:
Forthcoming changes: On 31 January 2018, the Scottish government launched a consultation on a possible reform of the Adults with Incapacity (Scotland) Act 2000 . The proposals are intended to modernise the legislation, improve the extent to which it empowers disabled adults and simplify some of the more complex processes within the current law. The consultation closed on 30 April 2018 and the findings are being reviewed. For more information, see Adults with Incapacity ( Scotland ) Act 2000 Proposals for Reform.
This Practice Note discusses the Adults with Incapacity (Scotland) Act 2000 (AI(S)A 2000), the legislation which provides a framework for safeguarding the welfare and managing the finances of those people in Scotland who are over the age of 16 and who lack capacity due to mental illness, learning disability or a related condition, or an inability to communicate. Incapacity means not being able to act or make decisions or communicate or understand those decisions. It can also cover situations where there is difficulty retaining memory of decisions.
AI(S)A 2000 deals with the authority of the Office of the Public Guardian (Scotland) and the functions of the Mental Welfare Commission for Scotland. It also sets out the legal procedures involved in relation to a number of matters such as:
accounts and access to funds
Powers of Attorney—continuing and welfare
guardianships—property, financial, welfare
Intervention orders (see
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This Practice Note considers the different categories of contractual damages that may be available for financial loss (pecuniary loss), ie expectation-based damages, reliance-based damages and gains-based damages.For guidance on contractual damages generally, see Practice Note: Contractual
What is rescission of a contract?The remedy of rescission is available to a party whose consent, in entering into a contract, has been invalidated in some way:•the effect of rescinding a contract is to extinguish it and restore the parties to their pre-contractual positions•the main grounds of
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
The right to notice means a right for the employee to remain in employment for the period of notice, not simply to be paid for it. An employer will therefore often include in the contract an express right to make a payment in lieu of notice ('PILON') as an alternative to giving notice, to ensure
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