Test – Page 177
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Analysis
Dunhill v Burgin
When deciding whether a person has or lacks the mental capacity to conduct legal proceedings on her own behalf, the capacity test has to be applied to proceedings as they should be brought.
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Analysis
Public Guardian v JM
The Public Guardian applied to the Court of Protection requesting the court to revoke and direct the cancellation of the registration of a Lasting Power of Attorney and to appoint a Panel Deputy instead.
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AnalysisInheritance claims by adult children: Court of Appeal throws out Illott v Mitson
Lesley King analyses the latest chapter in the long-running saga of Illott v Mitson concerning an application for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975.
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AnalysisSpotlight: Mehjoo v (1) Harben Barker (a firm), (2) Harben Barker Ltd
Court of Appeal overturns Mehjoo decision on tax advice.
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FeatureA delicate condition
Deborah Blythe and Sarah Towler’s top tips for providing excellent client service
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FAQFAQ: Bullock and Sanderson orders
The Law Society’s Library discusses Bullock and Sanderson orders and lists where precedents can be found.
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FeatureWe can work it out
The defendant in the recent PGF II judgment was sanctioned for refusing to consider ADR. Sana Bibi explains why following the Jackson reforms, parties should ignore mediation at their peril
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FeatureThe Mitchell criteria and the new CPR 3.9
The amended CPR 3.9 just isn’t working, says Gordon Exall
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FeatureIs ‘no win, no fee’ misleading?
On the heels of Legal Ombudsman criticism of conditional fee agreements, David Marshall wonders whether the end is near for such offers
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FeatureWhere are we now?
Dominic Regan gives us his predictions on what the rest of 2014 has in store for civil litigation
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Feature
Law Society Advisory Group launches report on business and human rights
On 25 March the Law Society of England and Wales launched a report from its practitioners advisory group established to consult the legal sector on business and human rights. In other sectors, industry bodies are playing a key role in supporting their members to promote the corporate responsibility to respect ...
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News
Law Society concerned following European Court of Human Rights ruling on client-lawyer meeting confidentiality
The Law Society is concerned that a European Court of Human Rights (ECtHR) ruling, which found in favour of Turkish authorities recording meetings between a client and his lawyers, could have far-reaching implications for the confidentiality of the lawyer-client relationship. The ECtHR ruled this week that the Turkish government was ...
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Analysis
Coventry v Lawrence
The claimants brought a nuisance action against the defendant in respect of the noise generated by motor sports conducted on their land.
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Analysis
Xenakis v Birkett Long LLP
Issues arising upon the uptake of occupation prior to the formal completion of a lease.
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AnalysisCourt of Appeal holds law firm accountable for lender's loss
Peter Reekie outlines the findings in the recent case around potential breach of negligence where a law firm is caught out by a fraudster
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Analysis
Santander UK plc v R.A. Legal Solicitors
The Court of Appeal ruled that a law firm’s departure from best practice played a material part in the loss suffered by a lender, and therefore it would not be fair to grant the law firm any relief from liability for breach of trust under section 61 of the Trustee ...
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Analysis
Adamson & Others v Paddico (267) Ltd and Taylor v Betterment Properties (Weymouth) Ltd
Two appeals from decisions of the Court of Appeal concerning applications made by the respective landowners under section 14 of the Commons Registration Act 1965 to rectify the register of town and village greens
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Analysis
Pillar Denton Ltd v Jervis
The Court of Appeal considered whether rent due under a lease between the landlord and a company in administration should be deducted as an expense of the administration.