May 2015 Archive

Conduct can alter a legal relationship even if there is an “entire agreement” clause

The High Court has recently reminded everyone that parties’ conduct can alter their legal relationship even if the contract contains an “entire agreement” clause. The case arose from a payment dispute between a housing association and a private sector housing maintenance contractor and provides a warning about starting work without implementing functional systems, leading to a compromise that actually ends up binding the parties.

Revoking a Lasting Power of Attorney

A Lasting Power of Attorney (LPA) allows someone, referred to as a Donor, to choose attorney(s) to take control of their finances. The Donor should choose someone they trust since once the LPA for property and affairs is registered with the Office of the Public Guardian, it can be used immediately by the attorney - unless there are a specific restrictions.

Inheritance (Provision for Family and Dependants) Act 1975: What property is available for financial provision?

A person making an application for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 (“the Act”) should first consider the value of the deceased’s net estate. If the deceased was of limited resources any such claim should be advanced with caution, as ultimately if a claim is successful then financial provision will be made from the deceased’s net estate.

What should a court order say where a statutory demand is set aside?

The case of Clarke v Cognita Schools Limited [2015] highlights the complicated relationship between the Civil Procedure Rules (CPR) and the Insolvency Rules. This particular case concerned a decision about whether or not a debtor, applying to have an application for a statutory demand dismissed, is entitled to receive a statement, in the Order that they have the right to have the order set aside, varied or stayed. In this particular case, the debtors were not correct to have applied the CPR when deciding their grounds for challenging the bankruptcy order made against them.
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