Contracting Capacity in UK Law

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

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

  • 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.

  • Rk (by her litigation friend the Official Solicitor) v (1) BCC (2) YB and Another
    • Court of Appeal (Civil Division)
    • 20 Dic 2011

    However restrictions so imposed must not in their totality amount to deprivation of liberty. Deprivation of liberty engages the Article 5 rights of the child and a parent may not lawfully detain or authorise the deprivation of liberty of a child.

  • Sheffield City Council v E and S
    • Family Division
    • 02 Dic 2004

    There are many people in our society who may be of limited or borderline capacity but whose lives are immensely enriched by marriage. We must be careful not to set the test of capacity to marry too high, lest it operate as an unfair, unnecessary and indeed discriminatory bar against the mentally disabled.

  • R (Cornwall Council) v Secretary of State for Health
    • Court of Appeal (Civil Division)
    • 19 Feb 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
  • Care Act 2014
    • England & Wales
    • 1 de Enero de 2014
    ...... the adult asks the authority to involve or, where the adult lacks capacity to ask the authority to do that, any person who appears to the authority ... . (8) Schedule 15 to the Deregulation and Contracting Out Act 1994 (which permits disclosure of information between local ......
  • Insurance Act 2015
    • UK Non-devolved
    • 1 de Enero de 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 . ......
  • Civil Jurisdiction and Judgments Act 1982
    • UK Non-devolved
    • 1 de Enero de 1982
    ...... S-1 . Interpretation of references to the Conventions and Contracting States. 1 Interpretation of references to the Conventions and Contracting ... .   . ( b . ) to be certified by any person in his capacity as a judge. or officer of that court to be a true copy of a judgment. ......
  • Geneva Conventions Act 1957
    • UK Non-devolved
    • 1 de Enero de 1957
    ......such capacity, he, as well as the body corporate, shall be deemed. to be guilty of the ... I CHAPTER I.—GENERAL PROVISIONS . Article 1 . The High Contracting Parties undertake to respect and to ensure respect for the present ......
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Books & Journal Articles
  • The management of human resources in project management‐led organizations
    • Núm. 34-2, Abril 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...
    ...... in project-led organizations, such as those in engineering 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
    • Núm. 17-3, Abril 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 ......
  • An asymmetric learning in complex public-private projects
    • Núm. 8-3, Marzo 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 priv ate contractor in the contracting and operation of complex, long-term infrastructure projects. Drawing on ... (PFI) cases, the paper analyses differe nces in the absorptive capacity and learning capability between parties. It suggests the private ......
  • Mental health commissioning: master or subject of change?
    • Núm. 19-3, Septiembre 2014
    • Mental Health Review Journal
    • 145-155
    Purpose: – The purpose of this paper is to explore change within the commissioning of third sector mental health services in England. Design/methodology/approach: – A case study methodology based ...
    ...... implemented with the main focus being on the procurement and contracting elements. There were examples of commissioning being an enabler of service ...Barriers included commissioners’ capacity and competence, ineffectual systems within their organisations, and ......
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Law Firm Commentaries
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