The following PI & Clinical Negligence Q&A Produced in partnership with Georgia Whiting of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:
When considering the question of capacity to conduct litigation, it must be ascertained whether or not the individual in question is capable of understanding information relevant to the litigation, retaining that information evaluating the information and communicating a decision (Masterman-Lister v Brutton & Co).
In civil proceedings, CPR 21 applies where a person lacks capacity to conduct proceedings (see also CPR PD 21), and if proceedings are to be conducted in the County Court, High Court, Family Court or Court of Protection a litigation friend must be appointed to give instructions and otherwise conduct the proceedings on their behalf.
As per CPR 21, the test for capacity, which applies only in relation to section 2(1) of the Mental Capacity Act 2005 (MCA 2005) is set out:
‘For the purposes of this Act, a person lacks capacity
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This Practice Note considers the law governing the procedural law of arbitration proceedings (the curial law or lex arbitri) and how it is determined under the law of England and Wales (England and English are used as convenient shorthand).The procedural law of the arbitral proceedingsThe procedural
Company directors are not, by virtue only of their office as director, automatically entitled under company law to remuneration for services as a director or to reimbursement of expenses incurred in rendering such services. Power to pay directors remuneration for their services will need to be
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
Background to the Single RulebookHistorically, the European Commission (Commission) favours using Directives (rather than Regulations) to set out its legislation in respect of the financial services sector. However, Directives, allowing Member States greater flexibility in how they implement
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