The following Family practice note provides comprehensive and up to date legal information covering:
This Practice Note considers the approach taken by the family courts in relation to issues of capacity and how capacity may be assessed including expert evidence. In the context of family proceedings, capacity may be relevant as to both capacity to litigate and to compromise proceedings, including a consent order. It is primarily concerned with issues as to the capacity of an adult, or regarding a child aged 16–17 who is the subject of the proceedings, or a party to the proceedings, and who is likely to lack relevant decision making capacity at age 18. In relation to the representation of children, see Practice Note: Children as parties to public law proceedings. Wider considerations as to capacity and family relationships are considered in the Practice Note: Capacity to marry, cohabit and have sexual relations.
For practitioners, issues of capacity may arise in relation to either their own client or regarding another party. Where a party has a solicitor, it is often that party’s solicitor who first identifies that the party may lack litigation capacity. If there is reason to believe that a party may lack capacity to conduct the proceedings at any time during the course of the proceedings, the court must be notified and directions sought to ensure that the issue is investigated without delay. However, the presumption of capacity should not be forgotten,
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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
This Practice Note considers proprietary estoppel from a generic standpoint.For industry specific guidance on proprietary estoppel, see Practice Notes:•Estoppel and property law•Mortgages by estoppelProprietary estoppel—what is it?Unlike the other forms of estoppel (see Practice Note: Estoppel—what,
Produced with input from Rebecca Cousin of Slaughter and May on market practice.This Practice Note summarises the rules and guidance in relation to parties who are, or may be presumed to be, acting in concert for the purposes of The City Code on Takeovers and Mergers (the Code). In particular the
For guidance on the basic features of the doctrine of estoppel and the different classifications it has been subject to, see Practice Note: Estoppel—what, when and how to plead and related content.Promissory estoppel—what is it?Where A has, by words or conduct, made to B a clear and unequivocal
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