Test – Page 121
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Analysis
Survivorship clauses and the commorientes rule
Lesley King discusses survivorship clauses in wills following death and the recent judgment in Jump v Lister.
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Case studies
Contentious Probate Update - December 2016 (Part 2)
Roman Kubiak rounds up significant probate cases in recent months, including solicitor facing prison sentence for ignoring court orders.
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Analysis
Contentious Probate Update - December 2016 (Part 1)
Roman Kubiak rounds up significant probate cases in recent months, including the Supreme Court judgment which overrules the reliance-based approach on illegality in Tinsley v Milligan.
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News
Case note: Moreno v Motor Insurers Bureau [2016] UKSC 52
The Supreme Court gave judgment in this case on 2 August 2016, and settled a very important issue: how are damages assessed when a British citizen is injured in an overseas accident?
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Analysis
The Consumer Rights Act: one year on
A steady trickle rather than a flood, suggests Rosie Ioannou.
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Analysis
Spotlight: No 1 West India Quay (Residential) Ltd v East Tower Apartments Ltd
This recent High Court decision of No 1 West India Quay [2016] EWHC 2438 (Ch) will impact on landlords and tenants in situations where tenants want to assign a lease and a landlord wishes to or has refused consent. Kate Andrews, partner at Hamlins, analyses the judgment in more detail.
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Feature
Good faith or good grief?
It is a reasonably well-known fact that there is no general doctrine of good faith in English contract law and, as a result, it is widely understood that a duty of good faith is not implied in commercial agreements.
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Opinion
Digital woes
Does Lord Justice Briggs’ digital vision truly appreciate the needs of users with a disability, asks Richard Schaverien.
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Feature
McKenzie friends: one step too far?
Changes in funding and the abolition of legal aid are causing well-publicised problems in relation to representation – or the lack of it – in court. Coupled with the significant increase in litigants in person (LiPs), they are dramatically slowing down the courts system. Kerry Underwood explains why he is ...
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Feature
Reform has failed. Here's how to fix the civil litigation system
The Woolf and Jackson reforms have failed and the cost of litigation has rocketed, says David Abraham. Here, he outlines his vision for a streamlined litigation system in light of Lord Justice Jackson’s call for fixed fees to apply to all claims up to £250k.
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Analysis
Autumn statement 2016 – impact on law firms and their clients
Philip Hammond has delivered his first – and last – autumn statement as chancellor. What are the key points for law firms?
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Analysis
The end of unbundling? Sequence Properties v Patel
An appeal court ruling may have delivered a serious body blow to solicitors offering unbundled services without being held liable for matters beyond those in their client retainer. Alison Kirby discusses the Patel judgment.
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Analysis
Where liability lies: acting for fraudsters
The High Court has recently considered the liability of solicitors and estate agents who acted for a fraudulent seller. Peter Reekie explains
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Feature
In principle
The courts are increasingly willing to entertain proprietary estoppel claims and to hone the various limbs of the law. George Mallet examines two recent Court of Appeal decisions
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Feature
New habits
Philip Giles explains how private client, property and family departments can best work together when advising co-habitees
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Feature
Blue Skype thinking
Internet-based services can deliver better quality at lower cost – and are suitable for a wider range of client groups than most lawyers think. Vicky Ling explains which groups can benefit and provides advice on setting up such a service
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Feature
Dignity in death
Digital autopsies, where the deceased is scanned using a CT scanner, areless invasive than traditional post-mortems, and can provide a cause of death in over 70 per cent of cases. Claire Walker explains
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Feature
Give to receive
Whether through ad hoc charitable donations or a strategic programme of philanthropy, clients in Britain have a long history of ‘giving back’. Alana Petraske and Christopher Groves look at the options, and the tax reliefs available
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Feature
Back to Basics: Authorised payments for CoP deputies
Those in control of the finances of an incapacitated person may be an attorney by a registered power of attorney or a deputy under the Court of Protection. As such, the authority that they hold in terms of the payments that they are authorised to make differs. Melinda Giles set ...
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Feature
The main event
Events can help you promote your firm to new and existing clients, and build relationships – but only if you do it well. Annaliese Fiehn provides her top tips for planning an event