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Solicitor professional negligence - scope of a solicitor’s duties

Generally a high standard of competence is expected of a solicitor but judges acknowledge that they must be cautious not to impose duties that go beyond the scope of what the solicitor has been requested and undertaken to do.

Severance of tenancy and professional negligence

When a property is purchased in joint names, regardless of the relationship between the purchasers, the property can either be held as joint tenants or tenants in common.

HS2: Need to Sell Scheme – everything you need to know

The Need to Sell Scheme (NTS) is a discretionary scheme available to any property owner-occupier who has a compelling reason to sell their property but has been unable to do so (other than at a substantially reduced rate) because of the proximity of the HS2 route.

Bespoke articles and shareholder agreements for companies

In the absence of a written shareholders’ agreement, the relationship between the shareholders of a company is governed by the company’s articles of association, the Companies Act 2006, case law and certain other relevant pieces of legislation.

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.

Tackle Your Balls - know the signs of testicular cancer

Testicular cancer is the most common type of cancer for men under the age of 40. Just five years ago, there were 2,418 diagnosed cases of testicular cancer in the UK, and around one death recorded each week. These figures are on the rise.

Silence is Golden: Review of Burns v Burns [2016]

Silence is golden or so they say. This isn’t true however, if you are tasked with taking instructions for the preparation of will. A recent judgment from the Court of Appeal outlines the correct application of ‘the Golden rule’ in cases where testamentary capacity is challenged.

Maintenance payments; do you need the Court of Protections’ approval?

It is not uncommon for someone to provide for the needs of another person. There are many situations where someone will assume responsibility for another person, such as:-

Tax planning for business owners

Business property relief (BPR) is a relief from inheritance tax (IHT) at either 50% or 100% on trading business interests or assets owned by the person claiming the relief. This relief applies to business property either transferred during a person’s lifetime, or on their death, providing they have owned them for the preceding two years.

Does a continued duty of care arise for professionals to correct previous negligence?

A recent appeal case has held that there is no continuing duty on professional advisors to correct previous acts of negligence. Where a professional fails to correct previous mistakes, this does not give rise to a fresh cause of action every day after the mistake has been made.