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When I want to make a claim against my legal expense insurance, do I need to use one of the insurer’s panel solicitors?

You may be surprised to hear that if you want to use any legal expenses insurance cover to help you fund a legal case, the insurer cannot force you to use a solicitor of their choice.

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.

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.

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?

A farmer’s guide to joint ventures

There are several reasons a farmer might consider setting up a joint venture: they may need more resource (monetary, machinery or simply more manpower); it might enable an aspiring farmer to get a foot on the farming ladder (which would otherwise be prohibitively expensive); and a JV can help a family farm to navigate a potentially difficult period such as a death in the family.

Bankrupts fail in claim to have interests in land revested in them

The claim by Mr and Mrs Brake (Brake v Swift), heard in the High Court in May, to have a cottage and adjacent land revested in them under Section 283A of the Insolvency Act 1986, was set against a background of convoluted litigation extending over a number of years, described by Matthews HHJ as ‘complex’.

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.