Lasting Power of Attorney - Preventing Abuse
Posted by Mitra Mann on October 16 2014 in Court of protection & powers of attorney

Photograph of Mitra Mann

A Lasting Power of Attorney (LPA) can be a useful tool when people become incapable of running their own financial affairs. An LPA allows someone, of the donor’s choice, to step in and take control of the donor’s finances. Because of the great power the LPA gives them, attorneys are often trusted friends or family of the donor. However, where attorneys abuse this power, measures have to be taken to protect the donor. This is particularly important when the donor cannot protect themselves or even complain about the way their attorney is acting.

 

Appointing a Court of Protection Deputy
Posted by Mitra Mann on October 15 2014 in Court of protection & powers of attorney

Photograph of Mitra Mann

A Deputy is very often required to manage a vulnerable person’s property and affairs when that person has lost capacity and there is not a Power of Attorney in place. Since the vulnerable person is no longer able to appoint someone of their choice, the Court of Protection will appoint someone known as a Deputy to manage that person’s finances.

 
 
 

Anti-doping violations and the use of supplements in sport
Posted by Ruth MacCarthy on October 9 2014 in Equine, Professional negligence, Sport

Photograph of Ruth MacCarthy

Anti-doping, a recurring topic in the equestrian media, hit the headlines earlier this year when Jock Paget, a top New Zealand eventer, was stripped of his 2013 Burghley Horse Trials title after his horse, Clifton Promise, tested positive for a prohibited substance, reserpine (a sedative). Following an FEI Tribunal (the international governing body for equestrian sport), Jock was exonerated after it was determined that the supplement had been contaminated at source. The Tribunal accepted that he neither knew about the contamination nor was expected to do so. Although he did not regain his Burghley title, he was able to compete at the World Equestrian Games (WEG) in August having avoided a potential two year ban.

 
 
 
 

Fraudulent misrepresentation - Edwards v Ashik (2014)
Posted by Jeremy Fowler on October 1 2014 in Commercial litigation & dispute resolution

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In general, where a claimant argues that a defendant has made a misrepresentation, it is for the claimant to show that the misrepresentation induced the claimant to enter into the contract. However, in circumstances where the court finds a misrepresentation was made fraudulently (i.e. deliberately to mislead), a presumption is made that the claimant was induced to enter into the contract as a result. The burden passes to the defendant to show that the representation did not cause the claimant to enter into the contract.

 
 
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