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Construction delays go to VAR

Based on the current law, parties can now apply more commercial pressure and consider the wider context of the project as a whole when deciding upon or challenging the contractual liquidated damages figure for culpable delay.

Contesting a will on the grounds of fraud

If the true intentions of the person making a will are not contained within their will, it may be possible to contest a will on the grounds of fraud. Fraud is defined in criminal law as being “an intentional deception made for personal gain or to damage another individual”.

Is a promise legally enforceable?

Section 2 of the Law of Property (Miscellaneous Provisions) Act 1989 (the “Act”) formalises the procedure for transferring ownership of land. It provides that an agreement for the sale of land can only be made in writing and must be signed by or on behalf of each party.

Distinguishing between “subject to a written contract” and “subject to contract”

In case some readers think the answer to the above question is a matter of dry academic law with no practical relevance, some £10 million turned, at least in part, on the distinction between those phrases in the case of Anchor 2020 Ltd v Midas Construction Ltd.

Residential tenancies – the latest

Anyone involved in bringing possession proceedings at the moment must be reeling from the number of changes and the amount of new legislation that is being pushed through. You will find yourselves juggling new law, new forms, and new procedures at Court.

Forfeiture – how scared should lenders be and do they have to pay freeholders’ legal costs?

Some years ago, the law made it more difficult for freeholders to apply for forfeiture of leases. The Leasehold and Commonhold Reform Act 2002 placed a hurdle in the way of landlords seeking forfeiture due to breaches of the lease.

Insolvent liquidation - an adjudication threat from beyond the grave?

The Supreme Court has, in June 2020, given judgment on a landmark case which sets out the current state of the law relating to the availability or otherwise of adjudication as a means of dispute resolution when one of the parties is in insolvent liquidation.

The Layman's Note - Explaining Court Judgements

Legal judgments are often complex and filled with archaic language, making them difficult for non-lawyers to understand. In a 2015 article, the idea of adding a plain English summary to court judgments was proposed to bridge this gap. Today, with the rise of AI, this concept is more achievable than ever. AI could generate layman-friendly summaries, which judges could then review and approve - enhancing accessibility and public understanding of the law.

How to make or amend a will during the Coronavirus (COVID-19) lockdown

In English law, to make a valid will, a testator must have their signature to it witnessed by two adult independent witnesses. The current social distancing measures together with self-isolation to protect the particularly elderly and vulnerable, therefore present a challenge for private client practitioners: how do we ensure that wills are valid when we can’t stand within 2 metres of one another?

Changes to consent to medical treatment

Following the Supreme Court decision in Montgomery v Lanarkshire Health Board (2015) the law relating to informed consent has been redefined. Before the change, it was down to the clinician to decide how much information to give a patient (providing that decision would be considered reasonable by a responsible body of medical opinion, the Bolam test). Post Montgomery, clinicians must ensure that their patient is fully informed about any potential risks to the proposed treatment, and of any alternative treatment options.