Mental capacity

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Practice notes
Judicial review—time limits and the pre-action protocolWhen considering whether and how to bring a claim for judicial review, the first step is to...
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Produced in partnership with Matthew Purchase of Matrix Chambers and Dr Mirza Ahmad of St Philips Chambers 19th May
Practice notes
Highways, street works and statutory undertakersCoronavirus (COVID-19): This Practice Note contains guidance on matters that have temporarily been...
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Produced in partnership with Nicholas Hancox of Nicholas Hancox Solicitors Ltd and Alistair Frew of Lodders LLP 19th May
Practice notes
Off-street parking ordersSTOP PRESS: the Parking Places (Variation of Charges) Act 2017 came into force on 27 June 2017 and has introduced a change to...
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19th May
Practice notes
This Practice Note provides an introduction to the tort of malicious falsehood. Unlike a claim for defamation, there is no requirement in a claim for...
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Produced in partnership with 5RB 19th May
Practice notes
How to obtain a writ of control—High Court judgmentsThis Practice Note concerns provisions of the CPR and related legislation (The Tribunals, Courts...
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19th May
Practice notes
Brexit—exiting the EU under Article 50 [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note contains...
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Produced in partnership with Adam Cygan of University of Leicester 19th May
Q&As
What is the purposive approach to statutory interpretation?Purposive (teleological) constructionThe purposive approach has its roots in legal systems...
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19th May
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What effect does the service of a notice of seeking possession (NOSP) have on the legal status of a secure tenant? When does a secure tenancy end, on...
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Produced in partnership with Alex Campbell of Field Court Chambers 19th May
Practice notes
Call-off procedures under framework agreementsBrexit impact—public procurementThe UK public procurement regime derives from EU public procurement...
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Produced in partnership with Mr Andrew Millross of Anthony Collins Solicitors 19th May
Practice notes
Demoted tenanciesCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals...
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19th May
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Assignment and succession of tenancyCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the...
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Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 19th May
Practice notes
Sexual entertainment licensingWhat is a sex establishmentThe Local Government (Miscellaneous Provision) Act 1982 (as amended) (LG(MP)A 1982) creates...
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Produced in partnership with Chris Grunert of John Gaunt Solicitors 19th May
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The standstill periodWhat is the standstill period?When a contracting authority reaches its decision on the award of a public contract subject to the...
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Produced in partnership with Lee Digings of Lee Digings Associates 19th May
Practice notes
Child protection conferencesPlease note the information in this Practice Note relates to the current law in England. The law in Wales in this area is...
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Produced in partnership with Claire Cousin 19th May
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Teacher serious misconduct in EnglandCoronavirus (COVID-19): This Practice Note contains guidance on subjects impacted by the Coronavirus Act 2020 (CA...
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19th May
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Special Educational Needs and Disability Tribunal (SENDIST)Coronavirus (COVID-19): This Practice Note contains guidance on subjects impacted by the...
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Produced in partnership with Shazia Akhtar of Hardwicke Chambers 19th May

Most recent Mental capacity content

Practice notes
Court of Protection case tracker—2021Southwark London Borough Council v P (by her litigation friend, the Official Solicitor) and others [2021] EWCOP...
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27th Jul
Practice notes
Creating a valid LPAA lasting power of attorney (LPA) is a legal document that enables an individual (the ‘donor’) to appoint one or more people...
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26th Jul
Practice notes
Court of Protection VisitorsThe role of the Court of Protection Visitor is a long-standing one, which operated under the jurisdiction of the Mental...
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2nd Jul
Practice notes
The Public GuardianThe Public Guardian is a statutory office-holder and an appointee of the Lord Chancellor. The holder of the role of Public Guardian...
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1st Jul
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 Jun
Q&As
What duties does a local authority have to investigate when it receives a request to assign secure tenancy from an individual going into residential...
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Produced in partnership with Alexander Campbell of Field Court Chambers 6th Jun
Q&As
How do I secure a DPA for care fees under the Care Act 2014 against a chattel?See Practice Note: Key issues in taking security from individuals and,...
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6th Jun
Q&As
Is there statutory or other prohibition preventing a person who lacks capacity succeeding to a secure tenancy in Wales if the section 87 of the...
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Produced in partnership with Kevin Long of Hackney Law Centre 5th Jun
Q&As
On an application under the court’s inherent and parens patriae jurisdiction in relation to an adult, which court form is the application made in?The...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 5th Jun
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 5th Jun
Practice notes
Deprivation of liberty court procedureThis Practice Note covers two forms of court procedure that arise in deprivation of liberty cases:•applications...
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Produced in partnership with Alex Ruck Keene of 39 Essex Chambers 5th Jun
Practice notes
Independent mental capacity advocatesNote that this Practice Note addresses only English law. Following devolution there are now differences between...
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5th Jun
Practice notes
Legal owners lacking mental capacity to deal with landMental capacityAn individual lacks capacity in relation to a matter if they have an impairment...
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Produced in partnership with Rebecca Sharp of RJR Legal Ltd 5th Jun
Practice notes
Powers of the Court of ProtectionIntroductionThe powers of the Court of Protection (the court) are set out in the Mental Capacity Act 2005 (MCA 2005)...
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5th Jun
Practice notes
Human rights and the Court of ProtectionThe issues for determination in the welfare jurisdiction of the Court of Protection are often deeply personal...
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Produced in partnership with Alex Ruck Keene of 39 Essex Chambers 5th Jun
Practice notes
Fact-finding hearings in the Court of ProtectionA fact-finding hearing will be required in some welfare cases in the Court of Protection to resolve...
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Produced in partnership with Alex Ruck Keene and Michelle Pratley of 39 Essex Chambers 5th Jun
Practice notes
Private deprivations of libertyFORTHCOMING CHANGE: The Mental Capacity (Amendment) Act 2019 (MC(A)A 2019) received Royal Assent on 16 May 2019. MC(A)A...
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Produced in partnership with Tim Spencer-Lane 5th Jun

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