Contracting Capacity in UK Law

  • Sheffield City Council v E and S
    • Family Division
    • 02 Diciembre 2004
    ... ... 's Jurisdiction) [2001] Fam 38 and Re S (Adult's Lack of Capacity: Carer and Residence) [2003] EWHC 1909 (Fam) , [2003] 2 FLR 1235 ... to impeach, was so dull of intellect as not to be capable of contracting marriage?" ... 58 Next ... ...
  • Birmingham City Council v D (by His Litigation Friend, the Official Solicitor) (First Respondent) W (Second Respondent)
    • Court of Protection
    • 21 Enero 2016
    ... ... declarations that the court had reason to believe that D lacks capacity to litigate these proceedings, to make decisions about his residence and, ... "It should be observed at the outset that family life in the Contracting States encompasses a broad range of parental rights and responsibilities ... ...
  • London Borough of Tower Hamlets v NB
    • Court of Protection
    • 16 Julio 2019
    ... ... IN THE COURT OF PROTECTION IN THE MATTER OF THE MENTAL CAPACITY ACT 2005 Royal Courts of Justice Strand, London, WC2A 2LL ... 's individual circumstances exclude the risk of pregnancy or of contracting a STI, it is arguably logical to say that those risks are not reasonably ... ...
  • Diann Blankley (by her litigation friend Andrew Cusworth) v Central Manchester and Manchester Children's University Hospitals NHS Trust
    • Court of Appeal (Civil Division)
    • 27 Enero 2015
    ... ... 1 This case concerns a claimant with fluctuating capacity to conduct legal proceedings. At a time when she had capacity, she ... , and only then if that person can show he was, at the time of contracting, incapable of knowing what he was doing, and that the other party was ... ...
  • Blankley v Central Manchester and Manchester Children's University Hospitals NHS Trust
    • Queen's Bench Division
    • 07 Abril 2014
    ... ... appeals raise the question of whether, where a party loses mental capacity in the course of proceedings, such loss of capacity has the automatic and ... , and only then if that person can show he was, at the time of contracting, incapable of knowing what he was doing, and that the other party was ... ...
  • R (on the application of Maguire) v HM Senior Coroner for Blackpool & Fylde and another
    • Supreme Court
    • 21 Junio 2023
    Breach of the operational duty. Lack of mental capacity in relation. Care home. Procedural obligation
    ... ... outcomes for individuals with learning difficulties and lack of capacity: para 210; and (9) The Ullah principle: para 211. The ... certain conduct, article 2 imposes a positive obligation on contracting states to take “appropriate steps to safeguard the lives of those within ... ...
  • Upper Tribunal (Immigration and asylum chamber), 2022-04-19, PA/13502/2018
    • Upper Tribunal (Immigration and Asylum Chamber)
    Mental health. Risk of sexual violence without effective state protection. Particular social group. Fear of being persecuted. Upper tribunal. Sickle cell disease
    ... ... capacity to cope can fluctuate ... The Psychological Assessment by ... Dr Simon ... obligation of international protection accepted by the contracting ... States. Certainly, there is much learning to show that the Convention ... ...
  • CRF I Ltd v Banco Nacional De Cuba
    • Queen's Bench Division (Commercial Court)
    • 04 Abril 2023
    Evidence of the foreign law. Legal documents. National bank. Withholding of consent. Common ground
    ... ... given, and in particular whether BNC had (under Cuban Law) capacity and/or authority to give such consent either on its own behalf (as regards ... offence of Acts detrimental to the Economic Activity or Contracting, where Raul Eugenio Olivera Lozano appears as accused, following ... ...
  • Catherine Joan Brassington v Knights Professional Services Ltd (Trading as ‘Knights’)
    • Chancery Division
    • 30 Junio 2023
    Good practice guidance for professional deputy costs. Summary judgment application. Personal liability. Standard deputyship letter. Engagement letters
    ... ... who engages her solicitors' practice to act in a professional capacity in connection with the deputyship assumes any personal liability for ... , solely in her capacity as P's agent; or whether she was contracting personally, either in place of, or as well as, P. Mr Berragan submits that ... ...
  • Chad Brian James Mole (a protected person by his litigation friend the Official Solicitor) and Another v Parkdean Holiday Parks Ltd and Another
    • Senior Court Costs Office
    • 29 Marzo 2017
    ... ... automatically by reason of frustration when a claimant lost capacity; it was said that the CFA no longer governed the continuing conduct of the ... , and only then if that person can show he was, at the time of contracting, incapable of knowing what he was doing, and that the other party was ... ...
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