The following Private Client practice note Produced in partnership with Alex Ruck Keene and Michelle Pratley of 39 Essex Chambers provides comprehensive and up to date legal information covering:
A fact-finding hearing will be required in some welfare cases in the Court of Protection to resolve contested factual issues in the proceedings.
The vast majority of welfare cases in the Court of Protection are resolved without a fact-finding hearing. Most often this is because even when the parties do not agree about what future course of action is in the vulnerable person (P)’s best interests, they are in agreement about the relevant background facts the court should consider.
It is only in a small minority of cases that the court uses its case management powers to direct that a fact-finding hearing takes place to determine facts that are in dispute.
Fact-finding hearings are most commonly directed by the court (either separately or as part of the final hearing) in what might be termed ‘safeguarding cases’ brought by local authorities. In such cases, the local authority is usually seeking adverse findings against an individual or individuals to support its contention that (for instance) their contact with P should be limited, or that P should live somewhere other than in the family home. See Practice Note: Safeguarding and the Court of Protection, which sets out common pitfalls to be avoided in cases of this kind.
In general terms, the court will decide to exercise its case management powers to direct a fact-finding hearing when
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Dividends involve a distribution of cash or a distribution of non-cash assets (known as a distribution in kind or a distribution in specie).A scrip dividend (in a tax context, sometimes referred to as a stock dividend) allows a shareholder to receive new shares in a company as an alternative to a
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This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.Note: this Practice Note does not deal with the
This Practice Note considers the legal concept of mistake in contract law. It examines common mistake, mutual mistake, unilateral mistake, mistake as to identity and mistake as to the document signed (non est factum). It also considers the impact of each of these types of mistake on the contract and
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