Contracting Capacity in UK Law

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

  • B (by her litigation friend, the Official Solicitor) v A Local Authority
    • Court of Appeal (Civil Division)
    • 11 Junio 2019

    On the one hand, there is a recognition of the right of every individual to dignity and self-determination and, on the other hand, there is a need to protect individuals and safeguard their interests where their individual qualities or situation place them in a particularly vulnerable situation: comp.

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

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

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

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Legislation
  • The Public Contracts Regulations 2015
    • UK Non-devolved
    • 1 de Enero de 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 ......
  • Coronavirus Act 2020
    • UK Non-devolved
    • 1 de Enero de 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 ......
  • Contracts (Applicable Law) Act 1990
    • UK Non-devolved
    • 1 de Enero de 1990
    ......   SCHEDULE 1 . The Rome Convention . The High Contracting Parties to the Treaty establishing the European Economic Community, . ... . (a) questions involving the status or legal capacity of natural. persons, without prejudice to Article 11;. . . (b) ......
  • Care Act 2014
    • UK Non-devolved
    • 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 ......
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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 ......
  • BUREAUCRATS AS PURCHASERS OF HEALTH SERVICES: LIMITATIONS OF THE PUBLIC SECTOR FOR CONTRACTING
    • Nbr. 31-3, August 2011
    • Public Administration and Development
    Contracting out of health services increasingly involves a new role for governments as purchasers of services. To date, emphasis has been on contractual outcomes and the contracting process, which ...
    ......Weaknesses were seen in three areas: (i) poor capacity for managing tendering; (ii) weak public sector governance resulting in slow processes, low interest and rent seeking pressures; and (iii) mistrust ......
  • 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 ......
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Law Firm Commentaries
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Forms
  • Chapter DT18716
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ......’ fees and similar payments derived by a resident of a Contracting State inhis capacity as a member of the board of directors of a company ......
  • Chapter DT10316
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ......’ fees and other similar payments derived by a resident of a Contracting Statein his capacity as a member of the board of directors of a company ......
  • Chapter DT18965
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ......’ fees and other similar payments derived by a resident of a Contracting Statein his capacity as a member of the board of directors of a company ......
  • Chapter DT11085
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ......’ fees and other similar payments derived by a resident of a Contracting Statein his capacity as a member of the board of directors of a company ......
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