The following Private Client practice note provides comprehensive and up to date legal information covering:
With the coming into effect of part of the Care Act 2014 (CA 2014) in April 2015 there will be a number of repeals, revocations and cancellations of statutory provisions and guidance. Orders have been and will be made under CA 2014 to bring this into effect. The bringing into effect of the remainder of CA 2014 is still unclear. The cap on care costs provisions and the duty on local authorities to meet the eligible needs of self funders in care homes are delayed until April 2020. The introduction of the proposed appeals system for care and support is also delayed. Guidance was issued in October 2014 and corrective guidance in March 2015 and it is to be hoped that the following lists are an indication of all those repeals.
Note that where the existing provisions refer to jurisdictions other than England those provisions will be disapplied in respect of England. Also, where the provisions relate to both adults and children they will continue to relate to children only.
Obviously, until they are repealed, revoked or cancelled, the provisions will remain in full force and effect.
Some legislation is being repealed in its entirety and some only partly. There are, within that legislation, some sections that will be well known to practitioners dealing with community care issues. The following list
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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
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
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been introduced, which affect the following:•proceedings for possession•forfeiture of business leases on the grounds of non-payment of rent•a landlord's right to
Disposal and devolutionThe equity of redemption arises as soon as the mortgage is made. It is an interest in the land which the mortgagor can:•transfer, lease or mortgage inter vivos, or•by will (it passes on intestacy)No cloggingIt is a fundamental principle of a mortgage that there must be no clog
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