Care and accommodation

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Practice notes
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...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
This Practice Note provides an overview of contract expiry and of the different causes of termination and ways to discharge a contract, including...
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9th Nov
Practice notes
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...
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Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 12th Jan
Practice notes
This Practice Note considers what damages may be available as remedy for claims in tort, including negligence claims.For general guidance on damages,...
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Produced in partnership with Lina Mattsson of Hardwicke Chambers 12th Jan
Practice notes
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...
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9th Nov
Practice notes
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...
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Produced in partnership with Quinton Newcomb of Fulcrum Chambers 12th Jan
Practice notes
This Practice Note examines agreements entered into under sections 38 and 278 of the Highways Act 1980, considering the obligations they impose and,...
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9th Nov
Practice notes
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...
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Produced in partnership with Joanne Kane of Carmelite Chambers 12th Jan
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on matters that have temporarily been altered to assist in the management of the...
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Produced in partnership with Nicholas Hancox of Nicholas Hancox Solicitors Ltd and Alistair Frew of Lodders LLP 12th Jan
Practice notes
This Practice Note explains the main fitness to practise hearing before the Health and Care Professions Tribunal (HCPT). It deals with preparation for...
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Produced in partnership with Paul Renteurs of 2 Hare Court 12th Jan
Practice notes
Facilitating the performance of a duty by public officialsFacilitation payments, also known as facilitating or grease payments, are generally small...
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Produced in partnership with Richard Furlong of Carmelite Chambers 12th Jan
Practice notes
Express and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
Unlike many other countries, the UK has no unfair competition law. Brand owners seeking to prevent competitors from marketing ‘copycat’ products or...
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9th Nov
Practice notes
An intention to create legal relations is requiredThere are various situations in which a court will hold that an agreement is not binding because,...
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9th Nov

Most recent Care and accommodation content

Practice notes
Capacity—housing and carePresumption of capacity for adultsSection 1(2) of the Mental Capacity Act 2005 (MCA 2005) creates a presumption of capacity...
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Produced in partnership with Rebecca Sharp of RJR Legal Ltd 16th May
Practice notes
Entitlement to remain at homePeople with needs for care and support may need to move to accommodation that is more appropriate for their needs.They...
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Produced in partnership with Jonathan Auburn of 11 King’s Bench Walk and Arianna Kelly of Kings Chambers 16th May
Practice notes
Remaining independent—alternative accommodation for people developing care and support needsCoronavirus (COVID-19): The Ministry of Housing,...
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Produced in partnership with Elizabeth England and Morayo Fagborun Bennett of Hardwicke Chambers 16th May
Practice notes
Alternative care and fundingCoronavirus (COVID-19): This Practice Note contains guidance on subjects impacted by the Coronavirus Act 2020 (CA 2020)....
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Produced in partnership with Jonathan Auburn of 11 King’s Bench Walk and Arianna Kelly of Kings Chambers 16th May
Practice notes
Ordinary residenceA local authority (LA) has a duty to assess whether an adult has needs for care and support if it appears to the authority that they...
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16th May
Practice notes
Care homes—placement options and feesCoronavirus (COVID-19): This Practice Note contains guidance on subjects impacted by the Coronavirus Act 2020 (CA...
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Produced in partnership with Jonathan Auburn of 11 King’s Bench Walk and Arianna Kelly of Kings Chambers 16th May
Practice notes
Coronavirus (COVID-19)—social care trackerThis tracker is focused on social care and is intended to be used to track key developments, legislation,...
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16th May
Practice notes
Homelessness—vulnerable groupsCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and...
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Produced in partnership with Elizabeth England of Five Paper 16th May
Practice notes
Physical and emotional abuse of the elderly—detection and remediesThe physical and emotional abuse of the elderly is a problem that can be difficult...
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16th May
Practice notes
Assessment for residential accommodationCoronavirus (COVID-19): The content of this Practice Note is temporarily affected by the coronavirus...
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16th May
Practice notes
The deprivation of liberty safeguardsNote that this Practice Note does not address specific practice alterations caused by the coronavirus (COVID-19)...
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Produced in partnership with Alex Ruck Keene of 39 Essex Chambers 16th May
Practice notes
Care and support needs assessmentsCoronavirus (COVID-19): The content of this Practice Note is temporarily affected by the coronavirus (COVID-19)...
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Produced in partnership with Craig Ward of Lundie, solicitor of Craybeck Law LLP 16th May
Practice notes
Coronavirus (COVID-19)—Care and Support Needs AssessmentsCommunity care assessments are conducted by the local authority (LA) where someone aged 18...
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Produced in partnership with Craig Ward of Lundie, solicitor of Craybeck Law LLP 16th May
Practice notes
Benefits and means testingThere are a number of benefits that older people can claim that carry a financial eligibility requirement. In practice this...
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16th May
Practice notes
Eligibility for residential accommodationWhen an assessment concludes that an adult requires residential accommodation they have the choice, depending...
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16th May
Practice notes
Nursing and residential care contractsWhen entering a care home, the future relationship between the new resident and the administrators of the home...
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16th May
Practice notes
Note: This Practice Note must be read in the light of the implementation of the Care Act 2014 on 1 April 2015. Substantial repeals to legislation have...
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22nd Mar
Q&As
Where a person avails themselves of care and support provided by the local authority, the local authority while having a duty to provide the care is...
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13th Feb
Q&As
The decision in WB (a protected party through her litigation friend the Official Solicitor) v W District Council (Equality & Human Rights Commission...
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Produced in partnership with Kevin Long of Hackney Law Centre 13th Feb

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