The Practical Lawyer


Charitable bequests – notification overhaul

We do not usually report on consultations. However, the MoJ has announced that it proposes to overhaul the process by which charities are alerted to bequests left in wills.
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SRA – new principles

As we reported in the February 2019 edition (p32), the SRA will start to phase in its regulatory reforms from April 2019. 
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Probate fees – increase?

Despite past resistance, the government proposes an increase in probate fees as soon as April 2019. At the moment, there is a flat fee to apply for probate when someone has died. 
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Ryanair – can bypass solicitors

The CA has held that Ryanair is entitled to deal with passenger claims directly and does not have to involve or pay solicitors who may have assisted in the claims.
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Probate – online service

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In March 2018 the SRA issued a guidance note to solicitors regarding the use of NDAs. The SRA acknowledged that NDAs can legitimately be used to protect commercial interests, confidentiality and reputation. 
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MoJ – IT meltdown

Many litigators are no doubt all too aware of the Ministry of Justice (MoJ) January 2019 IT failures that hit the delivery of frontline legal services in some courts. 
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Costs – rule relaxed

The fixed costs rules in civil litigation were introduced in 2010 because it was felt that the legal fees in many cases were disproportionate to the value of the claim. 
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Brexit – guidance

We have largely avoided Brexit, because of the uncertainty. However, the Law Society has produced online guidance to help prepare for a no deal Brexit covering:
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SRA handbook – changes

A reminder that the SRA will start to phase in its regulatory reforms in April 2019. 
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Most-read articles

Contract – implied terms
Thursday, 14 March 2019
The SC has confirmed that it will imply a term into a contract to give it business efficacy. Read more...
Confidentiality – existence and content of will
Thursday, 14 March 2019
Each month we consider conduct and practice issues relevant to busy practitioners. This month we will consider the importance of keeping confidentiality in mind when disclosing the existence or... Read more...
Code for Completion by Post – new code
Thursday, 14 March 2019
The Law Society has published the new Code for Completion by Post. It will come into effect on 1 May 2019. CQS-accredited firms must use the Code. Read more...
Proceeds of crime – benefit
Thursday, 14 March 2019
The appellant’s criminal conduct was such that he had obtained the money and therefore benefited from it.  Read more...
Disability payments – no right to dismiss
Thursday, 14 March 2019
There is an implied term in a contract of employment that an employee will not be dismissed for incapacity while on long-term disability benefit. Read more...
Civil partnership – guidance
Thursday, 14 March 2019
How does a civil partnership affect the parties’ rights to different pensions?  Read more...
HMLR – fraud is not ‘mistake’
Thursday, 14 March 2019
A court can order rectification of an HMLR register of title if a mistake has been made.  Read more...
LTA54 – redevelopment must be real intention
Thursday, 14 March 2019
LTA 54 confers security of tenure on business Ts. L and Ts can contract out of the security of tenure provisions by following a prescribed procedure before the business tenancy is entered into.  Read more...
AST – security deposits capped
Thursday, 14 March 2019
From 1 June 2019 security deposits taken on commencement of ASTs will be capped at no more than five weeks’ rent where the annual rent is under £50,000 (and six weeks’ rent where the annual... Read more...
Loss resulting from breach of duty – reaffirmed
Thursday, 14 March 2019
The SC has recently given a judgment on solicitor’s professional negligence. The case involved a retired miner.  Read more...


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