The following Private Client practice note produced in partnership with Craig Ward MSc BA(Hons) MBPsS CertCouns of Craybeck Law provides comprehensive and up to date legal information covering:
FORTHCOMING CHANGE: The government has published its response to the Ministry of Justice (MoJ) and the Office of the Public Guardian (OPG)’s consultation, Modernising Lasting Powers of Attorney, which closed in October 2021. The government has confirmed that they intend to introduce a fully digital LPA service, as well as retaining the current paper-based processes. They will investigate the possibility of technology replacing witnesses and could combine the role of certificate provider and witness. Identification checks will be introduced as a safeguarding measure against coercion or fraud. The government also wants to create a clearer process for objections to the registration of an LPA. Amendments to the Mental Capacity Act 2005 and the Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007, SI 2007/1253, will be required to implement these changes. For further guidance on the government’s response, see News Analysis: Safer, simpler and fit for the future—government’s response to modernising LPA.
Whilst digitising signatures on an LPA may sound promising it is currently still in its early stages. For example, wide ranging changes would be required to legislation to enable individual registry systems to accept electronic signature across England and Wales. There also remain difficulties with the authentication process for electronic signatures. Another hurdle is the question of whether electronic signers and witnesses need to be within
Free trials are only available to individuals based in the UK
Complete all the fields above to proceed to the next step.
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Judicial review—time limits and the pre-action protocolWhen considering whether and how to bring a claim for judicial review, the first step is to consider whether judicial review is be an appropriate means of addressing the issues raised by the case at hand. For further guidance, see Practice Note:
False imprisonmentLiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made against a public body that exercises detention powers, usually a local police force, the Secretary of State for the Home Department or the Secretary
Mortgagee’s consent to grant of leaseIf a property is subject to a mortgage that prohibits leasing without the mortgagee’s consent, then written evidence of consent must be obtained prior to completion of the lease. On the grant of an underlease, mortgagee’s consent in respect of any mortgage over
Qualified one-way costs shifting (QOCS)What is QOCS?Qualified one-way costs shifting (QOCS) was introduced on 1 April 2013 as part of the Jackson costs reforms following the removal of a claimant’s right to recover additional liabilities from the defendant, ie success fees and after the event (ATE)
0330 161 1234