Craig Ward Legal Update
Solicitors Mental Capacity Assessments
The recent case of Thorpe v Fellowes Solicitors LLP [2011] EWHC 61 (QB) illustrates the care solicitors should exercise when seeing elderly clients. Ensuring they can correctly identify issues relating to mental capacity and where a client is no longer able to sufficiently understand. Mrs Justice Sharp said, “A solicitor is generally only required to make inquiries as to a person’s capacity to contract if there are circumstances such as to raise doubt as to this in the mind of a reasonably competent practitioner.” “…there is plainly no duty upon solicitors in general to obtain medical evidence on every occasion upon which they are instructed by an elderly client just in case they lack capacity.”
Legal Questions
Can I really park on a yellow line, and what about loading and unloading?
It depends. If you are a disabled person with severe mobility problems and have a blue badge, you may be able to park close to where you need to go. There are however restrictions, for instance the blue badge scheme does not fully apply in the City of London, City of Westminster, Royal Borough of Kensington and Chelsea and parts of the London Borough of Camden.
Everyone else should look carefully for the road signs next to the yellow line indicating when the parking restriction is in force. There will be a small sign indicating when you can park between certain hours.
Loading and unloading from a vehicle, including cars may be permitted during the actual act of putting a bulky item in, or out of your vehicle. A short time is allowed to load and unload where necessary. There are however many restrictions relating to where you may park, further information may be found at www.direct.gov.uk/en/TravelAndTransport/Highwaycode/index.htm.
The enforcement of parking restrictions is subject to the Traffic Management Act 2004 and local traffic orders. If you wish to appeal see www.parkingandtrafficappeals.gov.uk/index.htm for further information.
Legal News
DoH ‘Never Events’ List
The DoH has recently published it’s revised ‘Never Events’ list. Where suitable preventative practices are in place, these serious events should not occur. The report details policy measures for their prevention. See www.dh.gov.uk/en/Publicationsandstatistics/Publications/PublicationsPolicyAndGuidance/DH_124552.
Mediation and Relationship Breakdowns
The MOJ is introducing a new protocol from April requiring separating couples to attend mediation awareness. Going to court is costly and emotionally draining, mediation allows parties to resolve their differences more amicably.
And Lastly…
Life Expectancy of a Carrier Bag
Yesterday it was the length of a piece of string, today the environmental question is carrier bags. Which is best? It depends, but the general conclusions are, “The key to reducing the impact of all carrier bags is to reuse them as much as possible and where reuse for shopping is not practical, secondary reuse in application such as bin liners is beneficial.” The research can be found at www.environment-agency.gov.uk/static/documents/Research/Carrier_Bags_final_18-02-11.pdf.
Craig Ward Solicitor
Craig Ward is Author of the book ‘Lasting Powers of Attorney: A Practical Guide’ (The Law Society)