Disposing mind and memory describes the mental capacity a person must have to make a valid will or other testamentary disposition. In practice, it means the testator must understand the nature and effect of making a will, the extent of their property, and the claims of those who might reasonably expect to benefit, and must not be affected by a mental disorder that poisons their affections, perverts their sense of right, or prevents the exercise of their natural faculties.The expression is rooted in case law rather than statute and is closely associated with the common law test for testamentary capacity in England and Wales, Northern Ireland and Ireland (often traced to Banks v Goodfellow). In Scotland, similar concepts apply under the requirement that a testator be of sound mind, but the terminology of “disposing mind and memory” is less commonly used.The term is frequently encountered in contentious probate, will challenges, capacity assessments by solicitors, and medical evidence on mental capacity. It is central to evaluating whether a will is valid or vulnerable to challenge on grounds of lack of testamentary capacity.

NOTE: SAVE FOR WHERE THE APPEAL NOTICE WAS FILED OR PERMISSION TO APPEAL WAS OBTAINED BEFORE 1 OCTOBER 2012, THIS PRACTICE NOTE IS FOR HISTORIC PURPOSES ONLY. Further, the CPR rules and practice directions referred to in this guidance will link through to the existing provisions and not those effective before 1 October 2012. For the pre-October 2012 provisions, please see the attached pdf documents. CPR 52 (old) CPR PD 52 (old) Withdrawing the appeal These provisions do not apply where any party is a child or protected party If the appellant decides not to continue with the appeal they can ask the court to dismiss it. The withdrawal of the appeal should be done in writing and must contain a statement that the appellant is not a child or protected

The disposing of a patented product is an infringing act.

In the absence of any express statutory provision, the primary meaning of 'disposition' in relation to property is the transfer of an interest in (as contrasted with mere possession of) property.

The dispositions by customer refer to the types of transfers that can occur from a customer's current account.

A dispositive fact is a fact which, if accepted, decides a claim, defence or discrete issue, allowing the court or tribunal to dispose of the case or issue without needing to determine anything further. It is a descriptive expression rather than a defined term in UK or Irish legislation, though courts and practitioners use it alongside “determinative”, “issue‑determinative” or “material” fact.Dispositive facts are typically the “ultimate” facts in issue: for example, in negligence, the absence of a duty of care; on limitation, that the claim is time‑barred; in contract, that no contract was formed. They can be established by evidence, formal admissions or agreed facts, and align with the party’s legal burden of proof: a claimant must prove the dispositive facts of the cause of action; a defendant the dispositive facts of any affirmative defence.Identifying dispositive facts drives case strategy, pleadings, disclosure, and witness statements, and underpins applications for summary judgment or strike‑out (including summary decree in Scotland), or for determination of a preliminary issue. Usage and effect are broadly consistent across England and Wales, Scotland, Northern Ireland and Ireland, although local procedural labels differ.

Powers intended to have an actual effect on the benefits which the beneficiaries become entitled to receive.

The removal of someone from occupation of land.

Archived: This Practice Note lists News Analysis covering the period between 1 February 2020 and 31 December 2020, ie after exit day up to IP completion day. It covers a range of issues concerning the implications of Brexit for dispute resolution (DR) lawyers. For News Analysis on developments since exit day, see Practice Notes: • Dispute Resolution News Analysis—Brexit [Archived] • Dispute Resolution News Analysis—Brexit (up to exit day) [Archived] Further reading on this area, looking at relevant content on the wider legal requirements and implications of Brexit, can be found in the Brexit collection which includes links to Practice Notes, Checklists and Q&As, as well as News Analysis and Legal Updates covering a range of practice areas. 2020 Date News Analysis Brief Description 31/12/2020 UK-EU data flows, adequacy and regulatory changes from 1 January 2021 The EU-UK Trade and Cooperation Agreement (TCA) includes a chapter on data flows and personal data protection, providing good news for data protection practitioners preparing for the end of the Brexit

Archived: This Practice Note lists News Analyses, covering the period 2016 to 31 January 2019 (exit day), covering a range of issues concerning the implications of Brexit for dispute resolution (DR) lawyers. For News Analysis on developments since exit day, see Practice Notes: • Dispute Resolution News Analysis—Brexit [Archived] • Dispute Resolution News Analysis—Brexit (exit day to IP completion day) [Archived] Further reading on this area, looking at relevant content on the wider legal requirements and implications of Brexit, can be found in the Brexit collection which includes links to Practice Notes, Checklists and Q&As, as well as News Analysis and Legal Updates covering a range of practice areas. 2020 up to 31 January 2020 (exit day) Date News Analysis Brief Description 31/01/2020 UK withdrawal leads to reduction of judges in Court of Justice of the EU LNB News 31/01/2020 94 The Court of Justice of the European Union (CJEU) has announced that as a result of the UK’s exit from the EU, the number of judges of the

ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note lists News from 1 January 2021, ie after IP completion day until the 28 January 2025. It covers a range of issues concerning the implications of Brexit for dispute resolution (DR) lawyers including the Retained EU Law (Revocation and Reform) Bill. Note that since 1 January 2024, retained EU law has been known as ‘Assimilated’ law. The change is to the name only and not any underlying provisions being discussed. For information, see Practice Note: Assimilated law. For News Analysis which predates exit day ie 31 January 2020, see Practice Notes: • Dispute Resolution News Analysis—Brexit (exit day to IP completion day) [Archived] • Dispute Resolution News Analysis—Brexit (up to exit day) [Archived]. Further reading on this area, looking at relevant content on the wider legal requirements and implications of Brexit, can be found in the Brexit collection which includes links to Practice Notes, Checklists and Q&As, as well as News Analysis and Legal Updates covering a range

ARCHIVED: This archived Practice Note is not maintained and is for background information purposes only. Further, some of the links may not direct you to the provisions as at the date the guidance in this Practice Note was published. This year’s annual round-up reviews some of the most significant developments of 2017 affecting general dispute resolution practitioners and previews what is likely to be on the horizon for 2018. This includes coverage on developments relating to: the civil court and legal profession; substantive law and limitation; pre-action and preliminary considerations; starting and progressing a civil claim; and costs and funding civil litigation. Also included are updates on Lexis+® UK’s content, including news of exciting developments from the past year and what is coming up in the next 12 months. Reviewing 2017 and previewing 2018 [Archived] Once again, this year has seen many developments with implications for dispute resolution practitioners. For this reason, we have split our ‘annual round-up’ content into the following, individual, round-ups: • Dispute Resolution—civil court