Social care

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Forming enforceable contracts—intention to create legal relations

An intention to create legal relations is requiredThere are various situations in which a court will hold that an agreement is not binding because,...

Introduction to passing off

Unlike many other countries, the UK has no unfair competition law. Brand owners seeking to prevent competitors from marketing ‘copycat’ products or...

Forming enforceable contracts—consideration

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...

Contract interpretation—express terms in contracts

Express and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually...

Practice notes

Facilitation payments under the Bribery Act 2010

Facilitating the performance of a duty by public officialsFacilitation payments, also known as facilitating or grease payments, are generally small...

Produced in partnership with Richard Furlong of Carmelite Chambers 9th Nov

Practice notes

HCPC—Main hearing of the Health and Care Professions Tribunal

This Practice Note explains the main fitness to practise hearing before the Health and Care Professions Tribunal (HCPT). It deals with preparation for...

Produced in partnership with Paul Renteurs of 2 Hare Court 9th Nov

Practice notes

Highways, street works and statutory undertakers

Coronavirus (COVID-19): This Practice Note contains guidance on matters that have temporarily been altered to assist in the management of the...

Produced in partnership with Nicholas Hancox of Nicholas Hancox Solicitors Ltd and Alistair Frew of Lodders LLP 9th Nov

Practice notes

Active bribery, passive bribery and bribing foreign public officials

The purpose of this Practice Note is to provide a general understanding of the offences under section 1, 2 and 6 of the Bribery Act 2010 (BA 2010). It...

Produced in partnership with Joanne Kane of Carmelite Chambers 9th Nov

Practice notes

Section 38 and section 278 Highways Act agreements—contractor’s perspective

This Practice Note examines agreements entered into under sections 38 and 278 of the Highways Act 1980, considering the obligations they impose and,...

9th Nov

Practice notes

Single justice procedure

The introduction of trial by a single justice was a response to a belief, on the part of the government, that the use of two or three justices to deal...

Produced in partnership with Quinton Newcomb of Fulcrum Chambers 9th Nov

Practice notes

Void contracts

When is a contract a void contract?A void contract is one that is wholly lacking in legal effect. A contract will be void where:•the parties contract...

9th Nov

Practice notes

Damages in tort claims—recovery and assessment

This Practice Note considers what damages may be available as remedy for claims in tort, including negligence claims.For general guidance on damages,...

Produced in partnership with Lina Mattsson of Hardwicke Chambers 9th Nov

Practice notes

Judicial review time limits—extensions and urgent cases

When a public body receives a claim form for judicial review, the first step is to consider whether the claim has been brought in time. For further...

Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 9th Nov

Practice notes

Termination and expiry of contracts

This Practice Note provides an overview of contract expiry and of the different causes of termination and ways to discharge a contract, including...

9th Nov

COVID-19

In-house

Practice notes

Termination for breach of contract

The termination of a contract by reason of one party’s breach of contract arises as follows:•one party to the contract is in breach of contract•the...

9th Nov

In-house

Practice notes

Concurrent and reversionary leases

There can be only one lease at a time giving a right to possession and occupation of property. Consequently, if a landlord subsequently grants a lease...

9th Nov

Practice notes

Civil recovery orders in SFO cases

A civil recovery order (CRO) is an order available to recover the proceeds of crime through action in the High Court, rather than the criminal court,...

9th Nov

Practice notes

Definition and classification of highways

Coronavirus (COVID-19): This Practice Note contains guidance on matters that have temporarily been altered to assist in the management of the...

Produced in partnership with Nicholas Hancox of Nicholas Hancox Solicitors Ltd and Alistair Frew of Lodders LLP 9th Nov

Precedents

Letter responding to clarification requests

[On headed paper][insert date][Address of tenderer provided in request for clarification]Dear [[insert contact name of tenderer] OR [insert contact...

Produced in partnership with Peter Ware of Browne Jacobson 9th Nov

Practice notes

IP rights and semiconductors

Background to semiconductorsA semiconductor is essentially any material which has electrical conductivity and can thus either conduct, or conversely,...

Produced in partnership with Greg Burke of RPC, Paul Joseph of RPC and Sophie Tuson of RPC 9th Nov

Most recent Social care content

Practice notes

Coronavirus (COVID-19)—social care tracker

This tracker is focused on social care and is intended to be used to track key developments, legislation, guidance, parliamentary briefing notes and...

25th Nov

COVID-19

Practice notes

Mental Capacity Act 2005—the codes of practice

On 1 April 2007, sections 42 and 43 of the Mental Capacity Act 2005 (MCA 2005) came into force. Between them these sections brought into operation a...

25th Nov

Practice notes

Mental capacity—assessments and tests

Solicitors are not expected to be able to make a clinical diagnosis of a person's mental state but there are a number of tests and assessments that...

25th Nov

Practice notes

Mental capacity—an introduction

Solicitors must consider the mental capacity of their clients in everything they do. The consideration of such capacity will occur where:•there is a...

20th Nov

Practice notes

Deprivation of liberty court procedure

This Practice Note covers two forms of court procedure that arise in deprivation of liberty cases:•applications that arise where the lawfulness of the...

Produced in partnership with Alex Ruck Keene of 39 Essex Chambers 16th Nov

Practice notes

Safeguarding and the Court of Protection

Safeguarding issues frequently underpin or arise in welfare proceedings in the Court of Protection and this Practice Note addresses how such issues...

Produced in partnership with Alex Ruck Keene of 39 Essex Chambers 10th Nov

Practice notes

Powers of the Court of Protection

BREXIT IMPACT: 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...

9th Nov

Practice notes

Human rights and the Court of Protection

BREXIT IMPACT: 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...

Produced in partnership with Alex Ruck Keene of 39 Essex Chambers 9th Nov

Practice notes

The deprivation of liberty safeguards

BREXIT IMPACT: 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...

Produced in partnership with Alex Ruck Keene of 39 Essex Chambers 9th Nov

Q&As

Is the duty imposed by section 46 of the Public Health (Control of Disease) Act 1984 to arrange a funeral for a deceased individual within their area shared with an NHS hospital if the person died in hospital?

Section 46(1) of Public Health (Control of Disease) Act 1984 (PH(CD)A 1984) states that:‘It shall be the duty of a local authority to cause to be...

30th Oct

Q&As

A local authority has two charges registered against a freehold property in Wales in respect of care charges under the Health and Social Services and Social Security Adjudications Act 1983. The service user and sole owner of the property died intestate two years ago, however to date a grant of representation has not been obtained and so the debt for care fees remains unpaid. Is it possible to force a sale as creditor to discharge the debt, as the charges take effect as a legal mortgage under the Law of Property Act 1925?

The regime under the Health and Social Services and Social Security Adjudications Act 1983 (HSSSSAA 1983) allows for the charging of the provision of...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 29th Oct

Practice notes

Homelessness—vulnerable groups

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

Produced in partnership with Elizabeth England of Five Paper 14th Oct

Q&As

X runs a hotel and this is the source of their sole income. The hotel is jointly owned by X and Y (their mother), and X's mother was admitted to a nursing home when she started to suffer from dementia. X's mother has paid her nursing home fees for the last two years but funds have now run out and the local authority are taking over her care. The local authority wish to put a charge on the property and if this happens, they will seek to sell the hotel; X's business will be ruined and they will lose their income. X cannot afford to buy their mother out and the property is not eligible for disregard. Does X have any defence?

We have assumed that the beneficial interest is held as tenants in common.Care homes—disregardA local authority has a duty to place an assessed adult,...

29th Sep

Q&As

It is a condition of a deferred payment agreement under the Care Act 2014 that the local authority will not unreasonably withhold or delay consent to a service user’s property being let as an assured shorthold tenancy (AST) which enables an order for possession to be obtained on one month’s notice after an initial term of no more than six months, and which enables possession to be obtained on the minimum statutory notice period. Can an AST be granted on these terms given that a landlord must give two months’ notice under section 21 of the Housing Act 1988?

It is assumed that the tenancy granted by the homeowner is an assured shorthold tenancy under the Housing Act 1988 (HA 1988).Deferred payment...

Produced in partnership with Kevin Long of Hackney Law Centre 29th Sep

Q&As

Does a local authority need to apply to the Court of Protection for a personal welfare order in order to transfer an objecting and incapacitated adult from home to a care home at which a standard authorisation of the deprivation of liberty is to be granted by the Supervisory Body?

See the following content:Assessment of CapacityPractice Notes:•Mental capacity—an introduction•Mental Capacity Act 2005—the codes of...

28th Sep

Q&As

A husband and wife jointly own a property as tenants in common. One spouse has dementia and lives in a care home, with the other spouse aged over 60 and therefore a property disregard applies. If the spouse living in the property wishes to move, but requires use of 100% of the sale proceeds (including the 50% share belonging to the spouse residing in the care home), Is this permitted? Will the property disregard be transferred to the new property?

We have assumed that the person who is residing in the care home is a permanent resident in the care home and not a temporary resident.The means...

28th Sep

Q&As

Can a designated 'nearest relative' within the meaning of regulation 24 of the Mental Health (Hospital, Guardianship and Treatment) (England) Regulations 2008 in turn delegate that function to another person? Could the nearest relative function be delegated to a local authority?

The Mental Health (Hospital, Guardianship and Treatment) (England) Regulations 2008 (the Regulations), SI 2008/1184 are the principal regulations...

28th Sep

Q&As

Can a local authority provide healthcare services to a GP surgery?

We refer you to Practice Notes: Commissioning of health and social care by local authorities and Local authority statutory functions with regard to...

28th Sep

Q&As

If a care placement on favourable financial terms is arranged by social services for a client whose assets were tied up in property, once it is sold releasing funds, can social services terminate the placement and effectively force the individual into paying a higher rate for the same care?

What are a local authorities obligations in arranging placement?A local authority has an obligation to assess the needs of an eligible person under...

28th Sep

Q&As

Can a local authority act on the basis that a property is legally and beneficially owned by a resident where a non-registered trust deed exists?

Trusts of landThis Q&A will only be applicable where the effect of the trust deed suggests that the legal owner as registered at HM Land Registry is...

28th Sep