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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.

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.

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’.

How much does it cost to contest a Will?

It is well known that any litigation is expensive and contesting a will is no different. If anything, inheritance claims can be more expensive than other forms of litigation due to the nature of the claim and the amount of work and investigation involved.

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.