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

This pre-recorded webinar will be streamed at 12:30pm on Monday 5th November 2018 and will remain available to view by delegates who have registered by then for 90 days.

New: Enjoy unlimited 24/7 access to over 625 webinars with an MBL Annual Webinar Subscription. Email webinarsubscription@mblseminars.com for details.

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Webinar/DVD | 05.11.2018

Individual Licence | 1hr


Evidence of Capacity - Lessons Learned

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Nov
5
2018
1hr
Individual

Added to basket

Webinar/DVD | 05.11.2018

Group Licence | 1hr


Evidence of Capacity - Lessons Learned

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Group

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Webinar/DVD | DVD

Individual Licence | 1hr


Evidence of Capacity - Lessons Learned

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DVD
1hr
Individual

Added to basket

Webinar/DVD | DVD

Group Licence | 1hr


Evidence of Capacity - Lessons Learned

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Continue Shopping
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Season
Ticket Information
Standard
Individual licence
£30
£60
£120
Group licence
£49.50
£99
£198
New: Enjoy unlimited 24/7 access to over 625 webinars with an MBL Annual Webinar Subscription. Email webinarsubscription@mblseminars.com for details.

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