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Pursuing claims against defendants where there are doubts about their mental health

When considering bringing a claim there are a number of questions that must be answered, not least whether the defendant is capable of complying with the remedy that is being sought.

Declaration of Trust by individuals as Tenants in Common – why is it necessary?

A declaration of trust is a legal document that can be used by tenants in common to establish and clarify their respective interests in a property. In a tenants in common arrangement, multiple individuals own a property together, with each person having a distinct share or percentage of ownership.

Natural justice and adjudication

When a party loses in adjudication, it has to decide whether to comply with the adjudicator’s decision, which often involves paying money to the other side.

The perils of not having a signed contract

A written contract can be in the form of standard terms, which do not need to be signed, or terms which are signed by each party to indicate that they agree those terms. Here we consider a contract that is intended to be signed by the parties but never is.

Professional negligence claims causation

Solicitors negligence; but would you have done anything different?

Coronavirus under the contractual microscope – some potential cures for contract problems

It is not easy to be legally excused from performing contractual obligations, but in some circumstances it may be possible.

Disclosure of documents pre-action

How do you prove your professional negligence claim if the defendant keeps their ‘dirty laundry’ to themselves?

What are settlement agreements and when to use them?

A settlement agreement is a legally binding confidential agreement between an employer and an employee. A settlement agreement is usually coupled with a compensation payment.

Guide to the litigation process

This guide sets out a general overview of the litigation process. It does not cover every possible stage of the process, but highlights those which are likely to apply to most cases.

Expert evidence when challenging a will on the grounds of lack of mental capacity

One of the grounds for challenging a will is that the deceased did not have the requisite mental capacity when the will was made. Ultimately the focus of the court is to ensure that the will genuinely represents the deceased’s wishes.