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Is the dairy contract consultation suffering from survivorship bias?

The government consultation on dairy contracts completed earlier this year failed to take into account the problems faced by those dairy businesses that have gone out of business.

2018 didn’t kill "smash and grab" adjudications

The death of the smash and grab adjudication was widely reported in 2018 but has perhaps been exaggerated to grab the headlines.

How to successfully eliminate work related stress and toxic environment

Mali Smith, Legal Director in our Employment Law team reviews the best way to eliminate work related stress and toxic environment and provides ways in which this can be achieved.

Common party wall issues

It is generally understood that the Party Wall Act 1996 (“the Act”) legitimises activities in relation to party walls which would otherwise be nuisance or trespass. But is the Act purely “permissive”, or does it have teeth?

Proprietary estoppel in contested wills

Many contested wills feature valuable Estates, which include farms and / or land, and the combination of a high value Estate, and grounds to contest a will, is often sufficient to launch a claim. Add to the mix a will containing different terms to those anticipated and a proprietary estoppel claim from a disappointed beneficiary may well result.

Quantifying beneficial interest in jointly-owned property

The House of Lords case of Stack v Dowden (2007) concerned the declaration of beneficial interests in relation to a property which was jointly owned by a co-habiting couple. It was established that in the event that such a property had to be divided and there was no expressed declaration as to the respective beneficial interests, the starting point would be that where there was joint legal ownership, the parties intended there would also be joint beneficial ownership in equal shares. If either party wished to show that they were entitled to a different share, the onus would be upon them to provide compelling evidence to support a claim for higher shares.

Bankrupt's spouse liable to pay rent

There is no automatic right for a trustee in bankruptcy to receive occupational rent as it would depend upon the circumstances.

Liquidated damages: Commercial certainty restored

The use of liquidated damages as a sole remedy for contractor delay is a well-established mechanism in the construction industry.

Covid vaccination and children

The government has announced this week that it will be rolling out the first dose of the Pfizer-BioNTech Covid-19 vaccine to all 16 and 17 year olds.

When is a copy will admissible?

The law on the revocation of wills has recently been in the spotlight, with the case of Blyth v Sykes. Here we explore the relatively narrow circumstances in which a copy of a will can be admitted when the original document cannot be located without explanation.