All Private Client Solicitors articles – Page 52
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Analysis
Great Western Hospitals NHS Foundation Trust v AA
The High Court granted permission for the Trust to carry out a Caesarean section on a woman suffering from bipolar disorder.
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Analysis
IM v LM and others
The Court of Appeal held that the test for determining whether a person enjoyed capacity to marry or experience sexual relations included an evaluation of the person’s ability to use relevant information.
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AnalysisSpotlight: Blankley v Central Manchester & Manchester Children’s University Hospitals NHS Trust
Is a solicitor’s retainer automatically terminated if their client loses mental capacity during the course of the retainer?
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AnalysisSpotlight: Marley v Rawlings
Supreme Court overturns Court of Appeal decision and holds that a mirror will signed by the wrong spouse can be rectified.
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AnalysisCancelling contracts made in the home
Lesley King explains why law firms must tread carefully when handling contracts entered into as part of a solicited home visit to a client.
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Analysis
RGB v Cwm Taf Health Board and others
The husband of a woman with Alzheimer’s disease applied for declarations that the defendant health board acted unlawfully in depriving him and/or his wife of a right to family life.
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Analysis
Markou and other v Goodwin and others
High Court considered whether the deceased, who suffered from underlying dementia, had had testamentary capacity to execute a will in favour of a defendant who was not a relative.
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Analysis
TA v AA (by his Litigation friend, the Official Solicitor)
Application for appeal against the dismissal of an application under section 21A, Mental Capacity Act 2005.
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OpinionNew year, old values
In an increasingly commercialised world, the traditional values of professionalism seem less and less appreciated. Which makes them all the more important for solicitors in a liberalised market, says Simon Leney, Private Client Section chair
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FeatureStandard questions
Bryn Hughes explains how setting a quality standard can help consumers – who already rate specialism and experience over cost when purchasing legal services – to make a more informed choice of provider
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FeatureIrish origin
For solicitors acting on a UK-based estate which includes Irish assets, Maria Lakes explains what is needed to complete the detailed and sometimes lengthy process of obtaining an Irish grant to deal with these assets
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FeatureStatement of intent
The 2013 autumn statement was quickly followed by the draft 2014 Finance Bill, containing 673 pages of tax changes. David Bennett summarises those most relevant to you and your clients
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FeatureFrench resistance
A change in the law presents a potential issue for English clients relying on a popular French savings product to avoid forced heirship rules, warns David Anderson
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FeatureFertility tests
Patricia Wass looks at how the Court of Protection cases approaches sterilisation and abortion
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FeatureInfluencing factors
Rosanna Foskett examines the recent judgment in Hart and Samways v Burbidge, which illustrates how the courts will apply the principle of presumed undue influence, even where such influence was not intentional
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FeatureA developing trend
As farmers are increasingly looking to sell development land, solicitors seeking the most tax-efficient way of structuring the transfer must examine a number of complex factors. Julie Butler outlines the key issues
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FeatureA farewell cure
A recent case has shed light on the law relating to gifts of land made in contemplation of death, under the principle of donatio mortis causa. Clara Staunton examines the issues
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FeatureStaking a claim
With claims under the Inheritance (Provision for Family and Dependants) Act 1975 currently on the rise, Philip Jenkins examines some issues of practice and procedure, and looks at how the Inheritance and Trustees’ Powers Bill will potentially remove some obstacles to bringing claims