Insights

Limiting a company's exposure to claims is of utmost importance if the business owners lose mental capacity. Here is what you should know: Exposure to risk If a director loses mental capacity, the c...

Once a director has been deemed to lack capacity, the company is likely to seek to remove the director. Our earlier article discussed the manner in which a removal is carried out by virtue of the Comp...

In the event that a director loses mental capacity, the company is likely to seek to remove the director and replace them by reference to the appropriate version of their company’s Articles of Assoc...

When setting up a company it is rare for entrepreneurs to consider what should happen if they lose the mental ability to manage the enterprise. However, accidents and health setbacks do happen and can...

My colleagues have previously published two blogs regarding decisions in the Court of Protection (“COP”) about administering the COVID-19 vaccinations in the case of E (Vaccine) [2020] and Re CR [...

The presumption of capacity is the paramount principle in the Mental Capacity Act 2005 (“MCA 2005”). It can only be displaced by cogent and well-reasoned analysis. During proceedings in the Court...

The process of buying or selling a property can be one of the most stressful aspect of someone’s life. For those whom lack mental capacity or have a disability, the process can be more stressful wit...

In personal injury cases, where P has sustained a brain injury and has subsequently lost mental capacity, a professional deputy may be appointed to manage P’s property and financial affairs. The...