The following Private Client Q&A provides comprehensive and up to date legal information covering:
Practice Note: Choosing the deputy, explains who may make an application for the appointment of a deputy, who may be appointed and the factors the court will take into consideration when assessing a deputyship application.
The Mental Capacity Act 2005 (MCA 2005) does not contain any express restriction on appointing a deputy with a criminal record, although MCA 2005, s 16(3) makes it clear that the court's power to appoint a deputy to make decisions on behalf of P is subject to MCA 2005, s 1 (the Principles) and MCA 2005, s 4 (Best interests). Th
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An ad hoc arbitration is any arbitration in which the parties have not selected an institution to administer the arbitration. This offers parties flexibility as to the conduct of the arbitration, but less external support for the process. It can be quicker than institutional arbitration but not if
Involuntary manslaughter—introductionManslaughter can be classified as either voluntary or involuntary. Voluntary manslaughter consists of those killings which would be murder (because the accused has the relevant mental element—hence the label voluntary manslaughter) but which are reduced to
What is recklessness?In respect of some statutory offences and common law crimes the prosecution are required to prove a mental element of recklessness on the part of the defendant.Recklessness means unjustified risk taking on the part of the accused.Prior to the House of Lords decision in Re G
This Precedent letter covers disclosure obligations under CPR 31. It does not apply to proceedings subject to the disclosure pilot scheme under CPR PD 51U. For guidance on the disclosure pilot scheme, see Practice Note: Business and Property Courts—the disclosure pilot scheme. For a client letter on
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