The following Private Client Q&A provides comprehensive and up to date legal information covering:
The duties of a court-appointed deputy are set out in:
the Mental Capacity Act 2005 (MCA 2005)
the Mental Capacity Act 2005 Code of Practice
the deputy’s declaration in Form COP4
other general duties under the law of agency
A deputy has a duty to act only within the specific scope of the powers granted by the court, as set out in the order of appointment. See Practice Note: Deputyship—the deputy’s duties and powers for more information.
The Mental Capacity Act 2005 Code of Practice refers to a deputy’s duty not to delegate their decision-making responsibilities to someone else at paragraphs 8.61–8.62:
‘8.61A deputy may seek professional or expert advice (for example, investment advice from a financial a
A deputy may seek professional or expert advice (for example, investment advice from a financial a
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When defendants are guilty, they have a choice to plead guilty or to put the prosecution to proof. When they plead guilty they may benefit from a reduction in their sentence as a result, see Practice Note: Credit for guilty plea. However, the Sentencing Council's overarching guidelines on reduction
What is a company's constitution?A company’s 'constitution' is defined under the Companies Act 2006 (CA 2006) as including:•the company’s articles of association, and•any resolutions and agreements affecting a company’s constitutionThe CA 2006 definition of 'constitution' is not exhaustive and also
On the disposition of a property (whether by way of conveyance, transfer or charge), the party making the disposition will normally provide a title guarantee which implies standard form covenants for title. A landlord may give a title guarantee when granting a lease, but this is rare in practice.
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
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