1
Type Speaker CPD Hours Level
Webinar
& DVD
1.25 UpdateInformation
Accreditation Information
SRA Competency B C

Introduction

The capacity of a person to have done a certain act or executed a certain instrument is reviewed retrospectively in both the Court of Protection and the civil courts but do all courts apply the same test and does their approach to the evidence differ?

Whether or not influenced by the ‘time-specific’ and ‘issue-specific’ approach embodied in the Mental Capacity Act 2005, over recent years both types of court seem to have demonstrated an increasing preference for - and placed greater weight on - evidence as to capacity by reference to the closeness of the witness in time and place to the decision-maker and decision in question, rather than by reference to expertise, knowledge, or experience.

This webinar will consider important lessons learned both for professionals engaged or assisting in transactions that may be questioned in the future and for those advising in respect of potential challenges after the event.

What You Will Learn

This webinar will cover the following:

  • The recent case law considering evidence of incapacity
  • The applicable test in different cases
  • Lay v expert evidence
  • Contemporaneous v retrospective evidence
  • Lessons for transactions
  • Lessons for litigation

New: Enjoy unlimited 24/7 access to over 690 webinars with an MBL Annual Webinar Subscription. Email webinarsubscription@mblseminars.com for details.

Book now

Added to basket

Webinar/DVD | On Demand

Individual Licence | 1hr


Evidence of Capacity - Lessons Learned

Checkout
Continue Shopping
ON DEMAND
1hr

Added to basket

Webinar/DVD | On Demand

Unlimited Viewers | 1hr


Evidence of Capacity - Lessons Learned

Checkout
Continue Shopping
Unlimited viewers
at your organisation

Added to basket

Webinar/DVD | DVD

Individual Licence | 1hr


Evidence of Capacity - Lessons Learned

Checkout
Continue Shopping
DVD
1hr

Added to basket

Webinar/DVD | DVD

Unlimited Viewers | 1hr


Evidence of Capacity - Lessons Learned

Checkout
Continue Shopping
Unlimited viewers
at your organisation
Prices (ex VAT)
Smart
Plan Information
Season
Ticket Information
Standard
£49.50
£99
£198
DVDs are subject to shipping & handling costs of £5 + VAT per DVD
New: Enjoy unlimited 24/7 access to over 690 webinars with an MBL Annual Webinar Subscription. Email webinarsubscription@mblseminars.com for details.

Related Events