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CHAPTER ONE – INTRODUCTION Introduction This book offers a practical and accessible guide for practitioners navigating the increasingly complex interaction between mental capacity law and cross‑border issues. It will only consider the position with regard to adults. As international mobility grows and families, assets and care arrangements extend beyond national boundaries, […]

CHAPTER TWO – THE INTRODUCTION TO AND THE GENERAL MEANING OF JURISDICTION The term jurisdiction is a term which is often used by lawyers and appears a deceptively simple term. Whilst overlapping, a particular clear distinction must be drawn between two uses of the term as set out below. The first […]

CHAPTER TWO – CONDUCT OF ELDERLY FRAUD CASES TIP An important fact to keep in mind is that Elderly Fraud case have a number of unique characteristics which we will cover below. One of the most important skills you can possess as a lawyer is an ability to detach yourself, obtain […]

CHAPTER TWO – WHAT ACTIONS CAN BE BROUGHT BY THE MCA? The ocean covers approximately 70% of the surface of the planet so it is unsurprising that a number of incidents can occur at sea. The most common issues that occur are as follows: Acts of pollution; Collisions; Unsafe operations leading […]

CHAPTER ONE – THE SRA’S TWO CONFLICTS THAT MATTER AND WHY LAWYERS STILL CONFUSE THEM The SRA Code of Conduct (“Code”) does not treat all “conflicts” as equal. Nor does it prohibit solicitors from acting simply because a dispute may be contentious, or may involve overlapping relationships between directors, shareholders, and […]

CHAPTER TWO – PRE-ACTION PROTOCOL FOR HOUSING CLAIMS (ENGLAND) “PAP” Housing disrepair claims often give rise to disputes about notice, disclosure, delay and scope of works. The PAP sets out how these claims should be conducted. Aims of the Protocol It is important to consider the PAP in the context of […]

CHAPTER TWO – WHAT IS A HOUSE IN MULTIPLE OCCUPATION? Part 2 of the Housing Act 2004 provides for a scheme for local authorities to require the licencing of houses in multiple occupation (HMOs). Subject to exceptions, every HMO to which Pt 2 applies must be licensed: section 61(1). Before considering […]

CHAPTER ONE – THE DEFINITION OF HUMAN TRAFFICKING Introduction: The United Kingdom’s freely-chosen international obligations Understanding who is a victim of trafficking first requires an understanding of what human trafficking is. As with much of the law in this area, a full understanding of the definitions requires looking outside the […]

CHAPTER ONE – WHAT IS PRIVILEGE? Elements of Privilege The most well-known statement of Privilege appears in Article IX of the Bill of Rights 1688: That the Freedome of Speech and Debates or Proceedings in Parlyament ought not to be impeached or questioned in any Court or Place out of Parlyament. […]

CHAPTER ONE – AMPUTATION CLAIMS: INSTANCES WHICH CAN CAUSE AMPUTATIONS Potential claims which can give rise to amputations There are a number of potential claims that can give rise to amputations, both from a personal injury and clinical negligence perspective. Establishing liability in personal injury claims can be more straightforward; claims […]