The following Private Client practice note provides comprehensive and up to date legal information covering:
The role of the Court of Protection Visitor is a long-standing one, which operated under the jurisdiction of the Mental Health Act 1983 in the form of the 'Lord Chancellor's Visitors' and is also recognised by the Mental Capacity Act 2005 (MCA 2005).
A Court of Protection Visitor is defined in the MCA 2005 Code of Practice as:
'Someone who is appointed to report to the Court of Protection on how attorneys or deputies are carrying out their duties.'
Court of Protection Visitors have also been described as 'the eyes and ears of the court'. Court of Protection Visitors play a particularly important role where there are no relatives or friends who can act as a deputy or report problems to the court.
Court of Protection Visitors are not officers of the court although they are appointed by the court. MCA 2005, s 61 provides for two categories of Court of Protection Visitor:
A Special Visitor, who must be a qualified medical practitioner or be otherwise suitably qualified or trained to fulfil the function. Special Visitors must also have special knowledge of and experience in cases of impairment of or disturbance in the functioning of the mind or brain.
A General Visitor, who needs no medical
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Voluntary manslaughterVoluntary manslaughter consists of those killings which would be murder (because the accused has the relevant mental element for murder) but which are reduced to manslaughter because of one of the three special defences (loss of control, diminished responsibility or suicide
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 quia timet relief?Injunctions are generally awarded where a party has already suffered a wrong. For guidance on injunctions generally, see Practice Note: Injunctions—guiding principles. However, an injunction may be sought before a party's rights have been infringed on the basis that they
This Practice Note considers the doctrine of forum non conveniens, also referred to as the appropriate forum or the proper place for a dispute to be determined. This doctrine is of relevance when determining whether the courts of England and Wales have jurisdiction to hear a dispute and is applied
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