The following Private Client practice note provides comprehensive and up to date legal information covering:
FORTHCOMING CHANGE: The government has published its response to the Ministry of Justice (MoJ) and the Office of the Public Guardian (OPG)’s consultation, Modernising Lasting Powers of Attorney, which closed in October 2021. The government has confirmed that they intend to introduce a fully digital LPA service, as well as retaining the current paper-based processes. They will investigate the possibility of technology replacing witnesses and could combine the role of certificate provider and witness. Identification checks will be introduced as a safeguarding measure against coercion or fraud. The government also wants to create a clearer process for objections to the registration of an LPA. Amendments to the Mental Capacity Act 2005 and the Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007, SI 2007/1253, will be required to implement these changes. For further guidance on the government’s response, see News Analysis: Safer, simpler and fit for the future—government’s response to modernising LPA.
This Practice Note explains the role of certificate providers and people to notify in the making and registration of lasting powers of attorney (LPAs). For an introduction to LPAs, see: Creating a valid LPA and for information on choosing LPA attorneys, see Practice Note: Choosing the LPA attorney.
The concepts of the certificate provider and named persons to notify were introduced by MCA 2005 into
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MedcoSTOP PRESS: A new RTA small claims protocol for whiplash claims comes into effect for accidents occurring on or after 31 May 2021. The small claims track limit for personal injury claims arising from an RTA is increased to £5000 in respect of general damages for pain, suffering and loss of
Multilateral Trading Facilities (MTFs)BREXIT: 11pm (GMT) on 31 December 2020 (‘IP completion day’) marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. Following IP completion day, key transitional arrangements come to an end and
Indemnity costs orders—principlesThis Practice Note considers orders for costs determined on an indemnity basis (indemnity costs orders). A court may order that costs are assessed on an indemnity basis so that any doubt as to the costs claimed are resolved in favour of the receiving party. Compare
Public inquiry procedureThe procedure by which a public inquiry is conducted will vary significantly from one inquiry to the next. Even for inquiries established under the Inquiries Act 2005 (IA 2005), the associated inquiry rules are not particularly prescriptive as to how they ought to be
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