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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 ...

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 ...

Positive action – action plan

A useful article considers how organisations might deal with gender pay gap. Positive discrimination in favour of one person or group of people over another is ...

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 ...

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 ...

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 ...

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 ...

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 ...

Procedure – cohabitation

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

Professional Deputies Forum – set up

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

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 ...

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 ...


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