CHAPTER ONE – RELATIONSHIPS ENTERED INTO ABROAD Formal requirements: marriage Preparing for a “wedcation” requires more than simply packing a suitcase. The requirements for British nationals who wish to marry in other jurisdictions differ significantly from country to country. A breakdown by each individual country can be found on the website […]
CHAPTER ONE – GETTING THE MENTAL CAPACITY ACT RIGHT Let’s start with this: the single most important thing about deprivation of liberty is getting the Mental Capacity Act (MCA) right[1]. In my experience, when an organisation gets into trouble over a deprivation of liberty issue it is rarely due to […]
CHAPTER ONE CAPACITY: WHEN DOES ONE BECOME “P”? Capacity is key when making an application to the Court of Protection. This is because the Court of Protection will only consider cases where the person involved has, on the balance of probabilities, lost the capacity to make the decision in question. […]
INTRODUCTION Terminology The author does not wish, in any way, to be tendentious and will use the terminology of the relevant legislation which is Receiving Person (“RP”) or Person with Care (“PwC”) for the recipient of child maintenance and Paying Person (“PP”) or Non-Resident Person (“NRP”) for the payer of […]
CHAPTER ONE – FACTORING THE TRADITIONAL MODEL 1-01 Factoring, in its traditional form, is a means by which a business (‘the Business’) is able to accelerate and optimise its cashflow by selling its accounts receivable (referred to variously as ‘invoices’ or ‘debts’ herein) to a factoring company (‘the Factor’) for a […]
CHAPTER ONE – FREEHOLD OWNERSHIP OF AIRSPACE AND SUBSOIL Introduction The questions of who owns the air above our heads and the earth beneath our feet affects modern life in many ways. It may impact on a basement development under an expensive house in Holland Park, fracking in Lancashire (should fracking […]
CHAPTER FOUR – OFFICER OF THE COURT This term derives from the fact that solicitors are appointed by the Court of Session, not by the government. Incidentally, if a sheriff ever reminds you that you are an officer of the court it is a bad sign, just as if a sheriff […]
CHAPTER ONE – INFORMATION GATHERING Following the order in which one might encounter a mentally vulnerable defendant, it makes sense to begin at the beginning when an advocate first encounters a defendant. This section aims to address: Information the advocate needs to gather Taking initial instructions Whenever representing a defendant an […]
CHAPTER ONE – INTRODUCTION 1.1 The problem Construction and rectification problems in wills and other trust instruments[1] come in many different shapes and sizes. When considering a provision in a will or other trust instrument which is unclear and/or can be interpreted in different ways, the PRs or trustees, […]
CHAPTER ONE – THE BACKGROUND TO AN INQUEST SOURCES OF LAW AND PROCEDURE CORONERS AND JUSTICE ACT 2009 The morning of 25 July 2013 heralded the coming into force of a ground-breaking piece of legislation in the history of inquest law: the Coroners and Justice Act 2009 (“the 2009 Act”). It […]
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