The following Private Client Q&A provides comprehensive and up to date legal information covering:
The international jurisdiction of the Court of Protection is governed by Schedule 3, Part 2 of the Mental Capacity Act 2005 (MCA 2005). The UK is a signatory to the Convention on the International Protection of Adults (Convention) signed at the Hague on 13th January 2000, however it has only ratified the Convention in relation to Scotland (and not England and Wales). Note however, that Article 4(d) of the Convention provides that the Convention will not apply to ‘trusts or succession’.
Cross-border issues of trusts and succession of a person lacking capacity need to be considered by reference to the unilateral set of rules (which broadly mirror Convention obligations) contained in MCA 2005, Sch 3, Pt 2.
We refer you to Practice Note: International issues relat
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On 29 August 2015, the Prudential Regulation Authority (PRA) published the PRA Rulebook (Rulebook). The transition from the Handbook to the Rulebook was intended to benefit PRA-authorised firms, to access clearer and more concise rules. Alongside the Rulebook, supervisory statements and statements
The primary function of office-holders in personal and corporate insolvency is to collect in the assets belonging to a company or individual and to distribute these to the company's or individual's creditors. Office-holders have various duties and powers in order to ensure that they do this. For
When restructuring is considered rather than formal insolvency proceedings (see Practice Note: Benefits of restructuring over formal proceedings) the company may want to ensure that relevant creditors quickly enter a standstill agreement to gain some breathing space to consider a restructuring
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) insurance premiums. The relevant CPR
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