Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

authorities definition

What does authorities mean? Authorities are the legal sources a lawyer relies on to justify a proposition of law in submissions, skeleton arguments and judgments. The term is descriptive and widely used across England & Wales, Scotland, Northern Ireland and Ireland, rather than being defined by statute. Authorities typically include: primary legislation and subordinate legislation; binding appellate case law within the relevant jurisdiction; and, as persuasive material, decisions from other UK or foreign courts, tribunal rulings, EU and ECHR jurisprudence where applicable, and reputable academic commentary. In Scotland, the writings of the institutional writers (e.g. Stair, Erskine, Bell) may carry particular weight. Textbooks and...

International protection of adults lacking capacity: Hague 2000 Convention, habitual residence, and recognition of foreign powers and measures under MCA 2005 Schedule 3 (England and Wales)

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Practice notes

Cross-border issues emerge whenever an individual holds assets in more than one jurisdiction, faces capacity difficulties while living in or visiting another jurisdiction, or has a nationality, habitual residence, or domicile that connects them to a different jurisdiction. In an ever more globalised world, such challenges are increasingly frequent. In any case with an international element, it will be necessary to determine:

Which court has jurisdiction over the person
Which state’s laws will be applied
Whether orders made in one state will be recognised by the authorities of another state
Whether any private mandate intended to operate on Incapacity exists and if it will be effective elsewhere

Hague Convention XXXV on the International Protection of Vulnerable Adults

The Hague Convention XXXV on the International Protection of Vulnerable Adults was formally concluded at The Hague on 13 January 2000, aiming to bring together the differing approaches to mental capacity within convention states, with the adult’s interests and the Preservation of dignity and autonomy as primary considerations. In the UK, capacity is task-specific...

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Web page updated on 22/05/2026

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