The following Private Client Q&A provides comprehensive and up to date legal information covering:
It is important to consider the rights of the tenant, the common law and statutory assumption of capacity and the formal tests for mental capacity which vary depending on the context of the action in question. In particular, section 1(2) of the Mental Capacity Act 2005 (MCA 2005) provides that 'A person must be assumed to have capacity unless it is established that he lacks capacity'.
For more information on mental capacity, see Practice Note: Mental capacity—an introduction.
For information on when a person may lack capacity to enter into a contract, see Practice Note: Capacity to make gifts, settle property and contract.
For information on when a person m
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This Practice Note examines the doctrine of consideration and the key role it plays in English law in determining whether a contract is enforceable.A promise will only be capable of being contractually enforced if it is either made in a deed or made in exchange for something of value, known as
Who is a fiduciary?There is no comprehensive list of the relationships which give rise to the existence of fiduciary duties under common law. Some relationships are automatically fiduciary, eg those between trustee and beneficiary, solicitor and client, principal and agent, business partner and
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
A limited company that proposes to issue redeemable shares must comply with the provisions of the Companies Act 2006 (CA 2006).Why do companies issue redeemable shares?A company may wish to issue redeemable shares so that it has an alternative way to return surplus capital to shareholders without
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