The following Private Client practice note provides comprehensive and up to date legal information covering:
This Practice Note considers the impact of the coronavirus (COVID-19) pandemic on Court of Protection and mental capacity work, covering in particular the following areas:
Court of Protection guidance on the coronavirus pandemic
The running of the Court of Protection during the coronavirus pandemic
Office of the Public Guardian guidance on the coronavirus pandemic
Guidance on visiting care homes during the pandemic
Mental capacity, vaccination and testing for coronavirus
Department of Health and Social Care and Court of Protection guidance on deprivation of liberty during the pandemic
Frequently asked questions
For guidance on the wider impact of the coronavirus across all Practice Areas, see: Coronavirus (COVID-19) toolkit.
The Vice-President of the Court of Protection, Mr Justice Hayden, and other senior members of the judiciary have issued several pieces of guidance for judges and practitioners during the course of the coronavirus pandemic:
13 March 2020—guidance focusing specifically on visits to protected persons by judges and practitioners
18 March 2020—additional guidance discussing the use of telephone hearings and technologies such as Skype, and offering practical solutions to some of the issues being raised in connection with the pandemic
23 March 2020—guidance confirming the formation of the HIVE working group and requiring advocates, litigants, witnesses and court staff to maintain a distance of 2m between themselves at all times
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This Practice Note explains certain common financial covenants used in commercial finance transactions including:•minimum net worth test•gearing ratio•leverage ratio (or debt to equity ratio)•current ratio (or acid test ratio)•cashflow ratio•interest cover ratio, and•loan to value ratioIt explains:
BREXIT: As of exit day (31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this Practice Note. For further guidance on
Deceit—what is it?A deceit occurs when a misrepresentation is made with the express intention of defrauding a party, subsequently causing loss to that party.The elements of a claim in deceit are:•a clear false representation of fact or law•fraud by the maker, in the sense that they knew that the
This Practice Note considers claims for damages for breach of statutory duty. For guidance on claims for damages for a negligent breach of duty of care outside a statutory duty, see Practice Notes:•Negligence—when does a duty of care arise?•Negligence—when is the duty of care breached?Breach of
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