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 decisions, for example agreeing to marry or consenting to divorce, are status or act 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.

  • 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.

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

  • 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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  • The Public Contracts Regulations 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ... ... 106, 108, 110 and 112 come into force—(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 provides ... ...
  • The Concession Contracts Regulations 2016
    • UK Non-devolved
    • 1 de Enero de 2016
    ... ... document” means any document produced or referred to by the contracting authority or utility to describe or determine elements of the concession ... (including the Crown but not including Her Majesty in her private capacity), bodies governed by public law or associations formed by one or more such ... ...
  • 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 the ... PART 5: Good faith and contracting out ... Good faith ... 14: Good faith ... (1) Any rule of law ... ...
  • Public Works Contracts Regulations 1991
    • UK Non-devolved
    • 1 de Enero de 1991
    ... ... who has entered into a public works concession contract with a contracting authority; ... “contract documents” means the invitation to tender ... (b) (b) the Common Council of the City of London in its capacity as local authority or police authority ... (3) In the application of ... ...
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Books & Journal Articles
  • Government capacity to contract: health sector experience and lessons
    • No. 18-4, October 1998
    • Public Administration and Development
    Using case‐study material of contracting for clinical and ancillary services in the health care sector of developing countries, this article examines the capacities required for successful contract...
    ... ... ANNE MILLSHealth Economics and Financing Programme, London School of Hygiene and Tropical Medicine, UKSUMMARYUsing case-study material of contracting for clinical and ancillary services in the health caresector of developing countries, this article examines the capacities required for ... ...
  • The management of human resources in project management‐led organizations
    • No. 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 ... ...
    • No. 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
    • No. 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 ... ...
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Law Firm Commentaries
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