The following Private Client practice note provides comprehensive and up to date legal information covering:
On the face of it, there would appear to be no specific impediment, if there is no reason to suppose that a person is without capacity, in them litigating. If there is no reason to suppose that a person is without capacity, there is, equally, no impediment to them being sued. Where they are without capacity or a suspicion they may be without capacity there may be a problem and this issue should be at the forefront in any elderly client practice.
A party to litigation who lacks the capacity to conduct the proceedings is a person lacking capacity within the definition of the Mental Capacity Act 2005 (MCA 2005) and, since 1 October 2007, is known as a 'protected party'. Where a claim is made by or on behalf of a protected party or against a protected party, no settlement, compromise or payment and no acceptance of money paid into court is valid, so far as it relates to the claim by, on behalf of or against that person, without the approval of the court. The test is whether the party to the litigation is capable of understanding, with the assistance of his legal advisors and any necessary experts, the issues on which his decision or consent is likely to be necessary in the course of those proceedings. The test is
**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
Take a free trial
The principle of transferred maliceIf a person has a malicious intent towards X and, in carrying out that intent, injures Y, he is guilty of an offence. So, if D shoots at A with intent to kill him but kills B by mistake it is murder; the mistake as to the identity of the victim is irrelevant as D
You may apply simplified customer due diligence (SDD) measures in relation to particular business relationships or transactions which you determine present a low risk of money laundering or terrorist financing, having taken into account:•your organisation-wide risk assessment—see Practice Note:
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 is an archive of news from the Loan Market Association (LMA) on LMA documentation and related topics. It covers LMA updates from early 2013 to January 2016. For the latest LMA developments since January 2016, see Practice Note: Loan Market Association (LMA)—latest news on
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.