Legal articles

Mitigating your loss; don’t make the problem worse.

Posted by Matthew Goodwin on May 19 2015 in Commercial litigation & dispute resolution

Whenever a party suffers some form of injury or loss, whether by breach of duty or breach of contract, it has an obligation not to make matters worse. This is known as the duty to mitigate loss. The duty to mitigate loss means that a claimant must ensure that it minimises the loss it has suffered by taking reasonable steps to ensure that, where possible, the loss does not increase, and to not take unreasonable steps which may increase the loss.

Revoking a Lasting Power of Attorney

Posted by Mitra Mann on May 19 2015 in Court of protection & powers of attorney

A Lasting Power of Attorney (LPA) allows someone, referred to as a Donor, to choose attorney(s) to take control of their finances. The Donor should choose someone they trust since once the LPA for property and affairs is registered with the Office of the Public Guardian, it can be used immediately by the attorney - unless there are a specific restrictions.

Can a Deputy or Attorney get paid for providing care to an incapacitated person?

Posted by Mitra Mann on May 18 2015 in Court of protection & powers of attorney

Deputies and Attorneys who manage an incapacitated or a vulnerable person’s (“P”) finances have to be careful about releasing P’s funds to others, including to themselves. Deputies and Attorneys can make certain gifts on behalf of P provided there are no restrictions contained within the Power of Attorney or the Deputyship Order.

Inheritance (Provision for Family and Dependants) Act 1975: What property is available for financial provision?

Posted by Anna Sutcliffe on May 14 2015 in Contesting a will

A person making an application for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 (“the Act”) should first consider the value of the deceased’s net estate. If the deceased was of limited resources any such claim should be advanced with caution, as ultimately if a claim is successful then financial provision will be made from the deceased’s net estate.

What should a court order say where a statutory demand is set aside?

Posted by Monica Kapur on May 13 2015 in Insolvency & restructuring

The case of Clarke v Cognita Schools Limited [2015] highlights the complicated relationship between the Civil Procedure Rules (CPR) and the Insolvency Rules. This particular case concerned a decision about whether or not a debtor, applying to have an application for a statutory demand dismissed, is entitled to receive a statement, in the Order that they have the right to have the order set aside, varied or stayed. In this particular case, the debtors were not correct to have applied the CPR when deciding their grounds for challenging the bankruptcy order made against them.

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