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The judgment of the Court of Protection in Re Buckley: The Public Guardian v C at  clarified that the fiduciary duties owed to a donor by their attorney pursuant to Mental Capacity Act Code of Practice, para 7.60, are similar to the fiduciary duties owed under sections 4 to 5 of the Trustee Act 2000 (TrA 2000).
This therefore means that reasonable and properly incurred expenses will be allowed under the same principles as TrA 2000, s 31(1), subject to any specific authority or restrictions
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Unlike many other countries, the UK has no unfair competition law. Brand owners seeking to prevent competitors from marketing ‘copycat’ products or using misleading advertising have to rely on a combination of different intellectual property rights. These rights include the common law right to
Broadly, the doctrine of overreaching enables purchasers (which includes tenants and mortgagees) in good faith for money or money’s worth to rely solely on the legal title. In the case of registered land, this means the entries entered on the register of title, as it records ownership of the legal
What is a third party debt order (TPDO)?Third party debt orders were previously known as 'garnishee' orders and operated under the regime provided for in CCR Ord 30 and RSC Ord 49 (now revoked). Although the rules in CPR 72 are new, many of the principles with which they are concerned are well
This Practice Note provides a high-level introduction to diversity and inclusion (D&I) and key reasons why it is important to law firms. Specific aspects of D&I are covered in more detail in Practice Notes:•The growing focus on diversity and inclusion (D&I) in law firms•Unconscious bias—law
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