Contracting Capacity in UK Law

Leading Cases
  • Blankley v Central Manchester and Manchester Children's University Hospitals NHS Trust
    • Queen's Bench Division
    • 07 April 2014

    For the defendant, Mr Smith accepted that, whilst a client's loss of mental capacity has the legal effect of terminating the existing authority of his solicitor, such loss of capacity does not, in itself, have the legal effect of terminating the underlying contract of retainer.

  • PC (by her litigation friend the Official Solicitor) [1] and Another v City of York Council
    • Court of Appeal (Civil Division)
    • 01 May 2013

    The determination of capacity under MCA 2005, Part 1 is decision specific. Some other decisions, for example whether P should have contact with a particular individual, may be person specific. But all decisions, whatever their nature, fall to be evaluated within the straightforward and clear structure of MCA 2005, ss 1 to 3 which requires the court to have regard to 'a matter' requiring 'a decision'. There is neither need nor justification for the plain words of the statute to be embellished.

  • LBX v K and Others
    • Family Division
    • 19 June 2013

    So I agree with the first one, who they are and in broad terms the nature of his relationship with them; secondly, what sort of contact he could have with each of them, including different locations, differing durations and differing arrangements regarding the presence of a support worker; and, thirdly, the positive and negative aspects of having contact with each person. This will necessarily and inevitably be influenced by L's evaluations.

  • Re A (Capacity: Social Media and Internet Use: Best Interests)
    • Court of Protection
    • 21 February 2019

    The next question which arises is what is the ‘relevant information’ under section 3(1)(a) MCA 2005 on which the issue should be assessed? Although counsel in this case prepared an ‘agreed’ formula, I have had the benefit of wider argument on the issue in the two cases.

  • Heart of England NHS Foundation Trust v JB (by her litigation friend, the Official Solicitor)
    • Court of Protection
    • 17 February 2014

    The temptation to base a judgement of a person's capacity upon whether they seem to have made a good or bad decision, and in particular upon whether they have accepted or rejected medical advice, is absolutely to be avoided. That would be to put the cart before the horse or, expressed another way, to allow the tail of welfare to wag the dog of capacity.

  • London Borough of Tower Hamlets v NB
    • Court of Protection
    • 07 May 2019

    Unfortunately, the case attracted a great deal of media coverage, this notwithstanding that no argument had been heard and no Judgment delivered. A great deal of the comment was sententious and, in some instances, irresponsible. It is considered, by the Official Solicitor and the applicant Local Authority, that the impact of that publicity frightened AU very considerably, leading him to believe that he was likely to be sent to prison.

  • R (Cornwall Council) v Secretary of State for Health
    • Court of Appeal (Civil Division)
    • 19 February 2014

    Looking at the facts as at Philip's eighteenth birthday, there was in my judgment only one conclusion properly open to the Secretary of State. It could not be Wiltshire, because he ceased to have any connection with it at all. At that stage he had never lived in Somerset and had no connection with it. And for reasons I have given, the mere fact that his parents' place of ordinary residence was in Cornwall could not justify finding that to be Philip's place of ordinary residence.

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Legislation
  • The Public Contracts Regulations 2015
    • UK Non-devolved
    • January 01, 2015
    ...... (a) (a) in relation to contracting authorities which perform their functions on behalf of the Crown, on 26th ... of the Crown), but does not include Her Majesty in her private capacity; . “central purchasing body” means a contracting authority which ......
  • Insurance Act 2015
    • UK Non-devolved
    • January 01, 2015
    ......, includes any individual working for the agent, whatever the capacity in which the individual acts,. . . (b) an individual is responsible for ... 5 . Good faith and contracting out PART 5 . Good faith and contracting out . Good faith Good faith . ......
  • Coronavirus Act 2020
    • UK Non-devolved
    • January 01, 2020
    ......Mental health and mental capacity Mental health and mental capacity . S-10 . Temporary modification of ... Act has effect as if in section 203(1)(a) (restrictions on contracting out), after “this Act” there were inserted “or Schedule 7 to the ......
  • Arbitration (International Investment Disputes) Act 1966
    • UK Non-devolved
    • January 01, 1966
    ...... arising under Article 17 of the Convention (which obliges the Contracting States to meet any deficit of the International Centre for Settlement of ...The legal capacity of the Centre shall include the capacity . . a . ) to contract;. . . ......
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Books & Journal Articles
  • The management of human resources in project management‐led organizations
    • Nbr. 34-2, April 2005
    • Personnel Review
    • 178-191
    Purpose: The paper examines the operational impact of project management systems on the management of human resources and the practical implications of this for practitioners in two project‐led eng...
    ...... that in project-led organizations, such as those inengineering contracting, embedded sectoral characteristics such as portfolio training limit the ......
  • The practice of performance-based contracting in developing countries' public procurement: the case of ethiopia
    • Nbr. 17-3, April 2017
    • Journal of Public Procurement
    • 402-431
    Performance-Based Contracting (PBC) is widely accepted as a useful tool. It is believed that the use of PBC can assist the efficient utilization of the public resources. The objective of this resea...
    ......This is due partly to lack of clarity in the procurement laws and lack of capacity to use PBC. INTRODUCTION Since the last decade of years, public organizations have developed a long-term view of adding value to ......
  • Voices from the European Court of Human Rights
    • Nbr. 27-2, June 2009
    • Netherlands Quarterly of Human Rights
    The future of the Strasbourg Court, a large and very busy court, has been the subject of much discussion. The capacity of the Court to handle the volume of admissible cases remains a significant ch...
    ...... e capacity of the Court to handl e the volume of admissible cases remains a signi ... e more di cult by the absence of rati cation by all contracting parties of Protoc ol No. 14. T en years a er the establishment of the ......
  • An asymmetric learning in complex public-private projects
    • Nbr. 8-3, March 2008
    • Journal of Public Procurement
    • 334-355
    This paper investigates how symmetrical learning activity is, between the public client and the private contractor in the contracting and operation of complex, long-term infrastructure projects. Dr...
    ......, between the public client and the private contractor in the contracting and operation of complex, long-term infrastructure projects. Drawing on ... (PFI) cases, the paper analyses differences in the absorptive capacity and learning capability between parties. It suggests the private ......
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Law Firm Commentaries
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