Category: Other Areas of Law
29
Nov
17
An entire agreement clause is used by the draftsman to try to ensure that what he drafts is the full extent of the obligations between the parties. The purpose of such a clause is to achieve certainty ...

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29
Nov
17
If trustees or executors intend to take or defend Court proceedings in relation to the exercise of their powers and duties, they are strongly advised to make a Beddoe application (Re Beddoe [1893] 1Ch ...

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29
Nov
17
The law normally exists to give certainty about the effect of a person's intentions. Nowhere is that more important than in the realm of wills and properties, where wills are construed in accordance ...

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14
Nov
17
In this decision the President of Family Division, Sir James Munby, concurred with the submissions of the Queen’s Proctor that some 21 divorces had been tainted by fraud not least as the address ...

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10
Nov
17
The cost consequences on judgment of a Claimant beating a Part 36 offer in a fixed recoverable cost case have been tolerably clear since the Court of Appeal’s decision in

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02
Nov
17
These questions have been answered in the recent Court of Appeal decision, Lorna Howlett & Justin Howlett v Penelope Davies & Ageas Insurance Limited [2017] EWCA Civ 1696. ...

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26
Jul
17
It is a common issue: an early Part 36 Offer is made in a case prior to the claimant party being in a position to fully value a case which transpires to be acceptable at a much later date. Should the ...

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25
May
17
The Court of Appeal in a judgment published yesterday declined to hold that a successful party to a trial below should be penalised in costs for refusing to engage with mediation.   ...

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10
May
17
Section 28 of the Enterprise Act 2016 amends the Insurance Act 2015 so as to insert a section 13A. This introduces a new implied term into all insurance and reinsurance contracts entered into on or ...

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19
Apr
17
If the most recently mooted Government reforms as to the financial limit of the Small Claims Track of the County Court go through, litigants will increasingly find themselves litigating within a ...

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