Test – Page 181
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FeatureForward planning
A recent case has highlighted the effectiveness of advance decisions and statements in ensuring an individual’s wishes for their care and welfare are respected if they lose capacity. Ann Stanyer explains how they work, and the implications of the case
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FeatureSafe from harm
Frances Coulson argues that government plans to lift the insolvency litigation exemption are misjudged
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FeatureThe new portal: the view from the courts
Case law relating to portal claims come under Kerry Underwood’s spotlight
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FeatureGoing the distance
Nicholas Bacon KC provides a user guide to the new consumer contracts regime
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Analysis
Denton v TH White Ltd [2014] EWCA Civ 906: relief from sanctions appeals
Earlier this month, the Court of Appeal heard three appeals together which concerned relief from sanctions and the application of Mitchell principles. Cait Sweeney examines the issues and practical implications raised by the hearings.
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FeatureDisclosure, post-Jackson
Mark Surguy argues that the Jackson reforms in relation to disclosure will not work unless solicitors have more of an eye on the trial at the start of a case
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AnalysisTown and village greens: UKSC overturns House of Lords decision
Peter Reekie looks at a recent attempt to prevent development taking place on vacant land by applying to register it as a town and village green
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Analysis
Lie v Mohile
The Court of Appeal held that a court was wrong to find that a partnership between two medical practitioners had terminated and, accordingly, that an application for a new business tenancy had failed.
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Analysis
R (on the application of Barkas) v North Yorkshire County Council
The Supreme Court considered the issue of whether land in Whitby should be registered as a town or village green under section 15 of the Commons Act 2006.
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Analysis
Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd
The claimant tenant exercised a break clause in its lease with the defendant landlords. The judge implied a term which enabled the tenant to get back that part of the advance payment of rent which related to a period after the break date by when the lease would have been ...
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AnalysisFrustrated wills: it's all about interpretation
Lesley King examines two recent cases in which the High Court considered errors made in the drafting of wills. In the light of the House of Lords’ decision on interpretation in Marley v Rawlings, will the courts now take a more relaxed view?
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News
Law Society raises concerns over Lender Exchange
The Law Society has raised concerns over the new Santander Conveyancing Panel Portal, now known as Lender Exchange
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NewsLand registry update
The Law Society has responded to the government’s consultation on the introduction of a Land Registry service delivery company, warning that the proposals could undermine the integrity of the register.
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NewsNew mortgage rules came into force on 26 April
Homebuyers will face tougher checks before being granted a mortgage, under the changes that came into force on 26 April, folloeing the FCA’s mortgage market review
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FeatureSnakes and ladders
With the property market looking up, many conveyancing firms are back in the recruitment market. But how can you ensure that you recruit the appropriate staff resource to cope with future market changes? Victor Olowe explains
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FeatureThe early bird
The upturn in the commercial property market has seen pre-letting come once again to the fore. Stephen Boyle explains how it works, and what commercial property solicitors need to know when drawing up pre-let leases
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FeatureGreen and pleasant land?
The high-profile case of the undercroft on London’s South Bank has highlighted the continuing issues around town and village greens. Antonia Murillo explains the law and practice, and how solicitors should advise landowners wanting to develop unused land