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NEWS
This round-up includes details of publications made by Specialised Committees established by the EU-UK Trade and Cooperation Agreement (TCA) for the period from 20 May 2026 to 26 May 2026.
NEWS
This round-up includes details of publications made by Specialised Committees established by the EU-UK Trade and Cooperation Agreement (TCA) for the period from 27 May 2026 to 2 June 2026.
NEWS
This round-up includes details of publications made by Specialised Committees established by the EU-UK Trade and Cooperation Agreement (TCA) for the period from 29 April 2026 to 5 May 2026.
NEWS
This round-up includes details of publications made by Specialised Committees established by the EU-UK Trade and Cooperation Agreement (TCA) for the period 27 January 2026 to 2 February 2026.
GLOSSARY
Weight of evidence describes the persuasive force the fact‑finder (judge, jury or tribunal) gives to admissible material when determining disputed facts. It is a descriptive expression used across civil and criminal proceedings, recognised in case law rather than defined uniformly by statute.It is distinct from admissibility, the burden of proof and the standard of proof. Once evidence is admitted, the court evaluates its probative value by reference to factors such as reliability, credibility, consistency, corroboration, methodology and reasoning (for expert evidence), contemporaneity, and inherent probabilities. Hearsay, documentary and expert evidence may attract more or less weight depending on these factors. In civil cases, legislation on hearsay (for example, the Civil Evidence Acts in England & Wales and comparable provisions in Scotland, Northern Ireland and Ireland) indicates matters the court considers when deciding the weight to give such evidence.Usage is broadly consistent across England & Wales, Scotland, Northern Ireland and Ireland. Practically, weight of evidence governs whether a party meets the standard of proof (balance of probabilities in civil cases; beyond reasonable doubt in criminal cases). On appeal, parties often contend a decision was against the weight of the evidence; appellate courts rarely interfere absent misdirection, error of principle, or a plainly wrong conclusion.
GLOSSARY
Discount rate used in valuations looking at the cost of equity capital, debt capital and preferred capital.
GLOSSARY
A discount rate used in valuations looking at the cost of equity capital, debt capital and preferred capital.
GLOSSARY
A rate of return that is weighted to take into account the relative sizes of the various assets or funds which make up the sample.
GLOSSARY
Weighted (or enhanced) voting rights are included in the articles of association of a company and vary the voting rights of the shares of certain shareholders or classes of shareholder so that such shares have voting rights which are greater than one vote per share, thus allowing them to exercise that number of votes which will result in a resolution being defeated. Such enhancement may be of general or limited application, ie a particular class of shares may have voting rights which are greater than one vote per share at all times and in respect of every resolution put to the vote, or the increase in the voting rights attached to the shares may arise only after a specified event or in certain circumstances (eg upon the issue of new shares, thereby enabling an existing shareholder to maintain a certain percentage of the total voting rights) or only in respect of a particular type of resolution.
PRACTICE NOTES
The powers of the Court of Protection The Court of Protection has the power to make a decision or decisions as to the personal welfare of a person lacking the capacity (P) to take the decision(s) for themselves. The Court of Protection also has the power to appoint a deputy to make the decision(s) (see Practice Note: Choosing the deputy for further details), although health and welfare deputies have only relatively rarely been appointed. The circumstances under which it is in the best interests of the person to appoint a personal welfare deputy or deputies were considered recently by the Court of Appeal in the case of JB and another v Official Solicitor (as Advocate to the Court), on appeal from the decision of HHJ Beckley in In the matter of HDEB. The Court of Appeal overturned the first instance refusal to appoint HB’s parents as personal welfare deputies, finding that the judge erred in treating autonomy as a decisive factor and that
GLOSSARY
Person appointed by the court to manage the property and financial affairs of an adult with incapacity under AI(S)A 2000. See also guardian'>financial guardian.
PRACTICE NOTES
In this Practice Note, an incapacitated adult is referred to as the ‘adult’. For information on the legislative framework for guardianships, see Practice Note: Adults with Incapacity (Scotland) Act 2000. For information on making an application to appoint a guardian, see Practice Notes: Guardianship applications in Scotland—pre-application matters and Guardianship applications in Scotland—court process. General principles Any person to be appointed under the Adults with Incapacity (Scotland) Act 2000 (AI(S)A 2000) must conduct the office in a manner which satisfies the principles set out in AI(S)A 2000, s 1, which are summarised as follows: • the appointment must benefit the adult • any intervention must be the least restrictive option in relation to the freedom of the adult • account must be taken of the adult’s wishes, past and present • so far as reasonable the views of relevant other parties must be taken into account • the adult should be encouraged to exercise his or her skills wherever possible These may also be described as the guiding principles. Guardianships are dealt with