The Practical Lawyer

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Service – no duty to point out error

The CA has held that there is no obligation on a firm which is incorrectly served with proceedings to notify the claimant’s lawyers of such an ...

Exaggeration – or fundamentally dishonest?

A recent case considered the provisions of s57 Criminal Justice and Courts Act 2015 which provides that, in a PI claim, if, on the balance of probabilities, the claimant has been fundamentally ...

Proprietary estoppel – relief

A claimant’s expectation is not determinative of the relief to be granted. In this farming case, the facts are all too familiar: the adult child (L) was one of four children and she ...

Money laundering – mitigation of risk

Each month we consider conduct and practice issues relevant to busy practitioners. This month we will consider the ever-present issue of money ...

Procedure – cohabitation

Family practitioners will welcome Law Society guidance on cohabitation agreements in view of the rising number of couples who choose to ...

Contracts – implied terms

We reported in our March 2019 edition (p2) on the case of Wells v Devani [2019] in which the SC confirmed that it will imply a term into a contract to ...

Making Tax Digital – update

We reported in our March 2019 edition (p34) about the requirement for VAT registered businesses with taxable turnover above the VAT registration threshold (currently £85,000) to keep records in digital form and file ...

Electronic Communications Code – review

The Electronic Communications Code came into force on 28 December 2017. Its purpose is to make it easier for network operators to install and maintain apparatus such as phone masts, exchanges and cabinets ...

Intentionally homeless – objective test

The SC considered the case of a T who occupied a property under an AST but fell into arrears and was evicted. T applied to the LA claiming homelessness and seeking ...

Mutual enforcement – summary

We reported in our March 2019 edition (p27) on the case of Duval [2018] in which the CA held that L would be in breach of a lease covenant to enforce ...

Offences – offensive weapons

The Offensive Weapons Act came into force on 16 May 2019, introducing tough new measures including new prohibitions under the Firearms Act ...

Professional Deputies Forum – set up

We have a new acronym – PDF not only refers to a file format but also the Professional Deputies ...


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