Delve into the nuances of the Court of Protection, where safeguarding the interests of vulnerable individuals is paramount. This topic offers practical guidance on navigating legal processes and making informed decisions for clients requiring assistance with mental capacity issues.
Private Client analysis: This analysis examines the High Court’s approval of trustees’ proposed exercise of a power of advancement to address...
Private Client analysis: In Fairweather v AG, the Court of Protection refused to dispense with service of a statutory Will application on an estranged...
Local Government analysis: In this case, the High Court declared a local council’s approach to arranging respite care for a person with eligible...
The Department of Health and Social Care (DHSC) has written to Baroness Casey of Blackstock to provide an update on progress against the initial...
Nature and classification of trusts—the three certaintiesCertaintyIn order for a settlor to create a private express trust the three certainties must...
ProtectorsWhat is a protector?A protector is a person who holds powers under a trust but who is not a trustee. A protector is a person who is...
Preparing the application form PA1P/PA1A for probate or letters of administrationFORTHCOMING CHANGE: The postal application forms PA1P and PA1A for...
Administration actions—personal representatives and the deceased's liabilitiesAn individual may assume obligations, for example in respect of...
Court of Protection—notificationThis Practice Note applies to the majority of applications to the Court of Protection. However, it is important to note that a different procedure applies to applications to appoint a property and financial affairs deputy. From January 2023, an upfront notification
What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a
Strike out—making an application to strike out a statement of caseA strike out order can be made either following an application by the parties or on the court's own initiative. This Practice Note deals with the scenario of the order being made following a party's application.Making an application
Contributory negligence in personal injury claimsContributory negligence is a partial defence which can lead to a discount in damages.Other defences may also be relevant. See Practice Notes: Did the claimant consent to the risk of injury? and Was the claimant involved in an illegal activity?If a
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