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?
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.
A recent case about invasive Japanese knotweed has changed the way in which alternative dispute resolution (ADR) is handled. Following the case, relevant parts of the law that previous only allowed courts to encourage ADR have been formally amended, and from October 2024 judges will be able to stop court proceedings and compel parties to engage in ADR.
Considerable column inches have already been devoted to the introduction of The Renters (Reform) Bill with many commentators lamenting that it will hasten the demise of the private landlord. Hailed as the biggest overhaul of residential tenancy law for over thirty years, it seeks to address perceived inequalities in the landlord/tenant relationship.
Buying or investing in property without a formal written contract can be risky and sometimes legally disastrous. This article explores why legal formalities under the Law of Property (Miscellaneous Provisions) Act 1989 matter, what happens when they’re not followed, and how equitable remedies like constructive trusts and proprietary estoppel can sometimes offer a lifeline. Through key cases, it highlights when informal agreements may still hold weight and when “no contract” really does mean “no deal.”
Adverse possession allows an individual to gain legal ownership of a property by occupying it, without the original owner’s permission, for an extended period. The Land Registration Act 2002 gave landowners a little more control over their properties than they had previously but, as adverse possession is a complex area of property law, advice should be sought from a lawyer with appropriate experience.
The long-awaited decision in this case was handed down by the Supreme Court on 15 March 2017. Unfortunately, it does not provide any of us with the guidance that we had so hoped for and indeed the Supreme Court identify in their judgement “the unsatisfactory state of the present law”. So has this case really been the landmark that it was heralded to be?
It is notoriously difficult for claimants to succeed in a claim of constructive dismissal because the claimant must first demonstrate that their employer’s action (the respondent) amounted to a breach of the implied duty of mutual trust and confidence.
In the realm of family law, couples often find themselves contemplating the necessity of pre and post-nuptial agreements. While such legal documents may not be the most romantic aspect of a relationship, they play a crucial role in providing clarity, security, and peace of mind for both parties involved. This article will explore the significance of these agreements and how they can safeguard interests in the event of a marital breakdown.
This case study is part of a wider article "No Contract. No Problem?" which explores why legal formalities under the Law of Property (Miscellaneous Provisions) Act 1989 matter, what happens when they’re not followed, and how equitable remedies like constructive trusts and proprietary estoppel can sometimes offer a lifeline. Through key cases, it highlights when informal agreements may still hold weight and when “no contract” really does mean “no deal.”