The Practical Lawyer

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Wills – validity

A homemade holographic will was held to be valid. T was born in Montenegro but came to England after the Second World War, though his English never became particularly ...

SRA – holiday sickness claims

All PI practitioners will be familiar with the SRA’s ‘advice’ on holiday sickness claims. While many will think that the SRA has gone too far with its veiled threats (and its clear determination that solicitors ...

Overage – ‘social/community purposes’

A housing site was sold by the landowner to a developer. Terms included an overage agreement, whereby the developer agreed to pay the seller 30% of the final sale proceeds (above a stated sum). To ...

Companies – beware ‘BR’

Suppose you are acting for an L who is planning to grant a lease to a company. As part of your diligence you do a Companies House search to check that the company is properly ...

Electronic search fees – VAT!

In an important decision, the FTT has held that the cost of electronic searches on conveyancing transactions is not a disbursement for VAT purposes. Instead, the cost is part of the overall provision of legal ...

Grenfell Tower – long leases

The Grenfell Tower tragedy has focused attention on the fire risks associated with multi-storey blocks of flats. While the emphasis has been on publicly owned blocks, there are likely to be many privately owned blocks ...

Pregnancy rights – from pregnancy

The Advocate General has given an opinion that the employment rights of pregnant women arise from the moment they become pregnant (ie even if the employee – let alone the employer – is ...

Light industrial – to residential

A new permitted development right allows conversion of light industrial (class B1(c)) to residential (class C3) without planning permission (from 1 October ...

Children – foster care; vicarious liability

The LA had no non-delegable duty to ensure the reasonable care of fostered children. The Supreme Court has ruled that the LA was liable for the abuse perpetrated by the foster parents of the appellant ...

IP – threats

Businesses and individuals have been given new protection against groundless threats to bring legal action for infringing IP rights (patent, trade mark or ...

Offences – public order

What is a ‘dwelling’ for the purposes of the Public Order Act 1986 (POA)? The author of this article analyses two issues concerning public order offences in detail: the extent of the meaning of ’dwelling’; ...

Defamation – forum shopping

Parliament’s clear intent in the 2013 Defamation Act was to raise the bar to libel actions in England and Wales; in effect, to stop forum shopping, whereby a publication with limited distribution in this country ...


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