Richard Frimston - Böcker

Increasing numbers of people have connections with one country, but live and work in another, frequently owning property or investments in several countries. People with lifelong or subsequently developed impairments of capacity move cross-border or have property or family interests or connections spread across different jurisdictions. This new work fills a gap in a specialist market for a detailed work advising lawyers on all the considerations in these situations. The book provides a clear, comprehensive, and unique overview of all relevant capacity and private international law issues, and the existing solutions in common law and civil law jurisdictions and under Hague Convention XXXV. It sets out the existing law of various important jurisdictions, including detailed chapters on the constituent parts of the UK, Ireland, Jersey, the Isle of Man and the Hague 35 states; and shorter chapters on 26 Non-Hague states and those within federal states, including coverage of the United States, several Australian and Canadian states, and a number of other Commonwealth jurisdictions. Containing a number of helpful case studies and flowcharts, the book draws upon the expertise of the editors in their respective fields, together with detailed contributions from expert practitioners and academics from each relevant jurisdiction.All the editors and many of the contributors and correspondents are members of STEP.

Today there are no common international rules as to which state's law shall be applied when a married couple have connections with more than one state e.g. British citizens living in France. Each state has its own so called private international law rules (PIL), leading to conflicts of laws. There are no common rules as to which court has jurisdiction and Court decisions are normally not recognized in other states. Since, today millions of people live in a state other than their state of citizenship or have assets in states other than where they are living, the EU has seen the urgent need for an EU-Regulation on matrimonial property and a parallel Regulation for registered partners. The Regulation does not provide any common material matrimonial law in the EU, but common PIL that sets out which state's matrimonial law shall be applied, which state's court shall have jurisdiction and that court decisions in one state shall be recognized and enforceable in other EU states. This volume is an article-by-article commentary on the Regulations which have been adopted by the EU Council on June 24th 2016 and will come into force on January 29th 2019.

Navigate the extensive jurisdiction and powers of the Court of Protection.The Court of Protection affects an ever increasing number of people, among whom are some of the most vulnerable members of society. They need the best support and protection that the law and legal profession can provide. A Practitioner’s Guide to the Court of Protection is written by practitioners whose individual and combined experience provide an invaluable guide to the law and practical application.The new Fourth Edition covers both the property and affairs and the welfare parts of the Court’s jurisdiction, with new and expanded chapters covering:- The Court of Protection Rules 2017- Case management pathways- Welfare and Deprivation of Liberty- Private international law- The practical application of the Mental Capacity Act 2005- Lasting and Enduring Powers of Attorney- Case law, practice and procedure of the Court of Protection- Latest guidance and practice notes from the Office of the Public GuardianIt is essential reading for anyone involved in Court of Protection practice including private client practitioners, mental health practitioners, family law practitioners, deputies, local authorities, accountants, Independent Mental Capacity Advocates, Welfare Accredited Legal Representatives, and advocates.This title is included in Bloomsbury Professional's Family Law online service.