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Court of Protection – breach of declaration

The breach of a declaration of the Court of Protection cannot hold the same weight as the breach of a court order. The CoP considered a breach of a ‘best interests’ decision made under the ...

Agricultural – conversions

In April 2014 the rules on agricultural-to-residential conversions were relaxed with the introduction of a new class of permitted development (Class MB) allowing change of use and some building operations. Needless to say, this change ...

Lease assignment – reversal?

We have repeatedly made the point that a guarantor can guarantee a particular T, but cannot also guarantee T’s assignee. Thus, G can guarantee T1, but not T2 (T’s assignee). But, what happens if that ...

Sentencing – rehabilitation

Rehabilitation was one purpose of indeterminate prison sentences, such as imprisonment for life or public protection, in respect of which a shorter tariff period had been set, the Supreme Court has ...

Chancel repair – insurance still needed?

We all know that chancel repair liability imposes an obligation to contribute towards the cost of repairing the chancel of a mediaeval church. The problem is that the liability dates back to mediaeval law, and ...

Insurance – Flood Re

Flood Re is intended to cushion the effects of price increases for insuring high-risk properties. Because many households would struggle to afford open-market premiums for these properties, the solution lies in spreading that risk ...

Entrepreneurs’ relief – crystallised gain

Entrepreneurs’ relief reduces CGT to a rate of only 10% (not 28%) on up to £10m of qualifying gains when a business is sold. That is a saving of up to ...

Buy-to-let – statutory repair liability

Does the implied repairing covenant in s11 LTA 1985 apply to an intermediate L, whose sub-T is injured because of a lack of repair? In practical terms, this situation is likely to arise with a ...

Children – care applications

The president of the Family Court has given a salutary reminder to practitioners of the importance of fundamental principles in care ...

Disability – obesity?

The ECJ’s decision that obesity can amount to a ‘disability’ for discrimination purposes received much publicity. After all, one-quarter of the adult population in the UK is clinically obese, and at first sight this judgment ...

Judgments Regs – changes

New Judgments Regs came into force in January 2015. The main change has been a relaxation of the European Court’s approach to concurrent proceedings. The basic rule remains, namely that the court ‘first seised’ has ...

QOCS – costs-shifting

Qualified one-way costs-shifting (QOCS) was introduced for personal injury claims in April 2013. But, it does not apply if the claimant has a CFA or ATE insurance policy entered into before 1 April 2013. Moreover, ...


Most-read articles

Agricultural – conversions
Wednesday, 04 March 2015
In April 2014 the rules on agricultural-to-residential conversions were relaxed with the introduction of a new class of permitted development (Class MB) allowing change of use and some building... Read more...
Buy-to-let – statutory repair liability
Wednesday, 04 March 2015
Does the implied repairing covenant in s11 LTA 1985 apply to an intermediate L, whose sub-T is injured because of a lack of repair? In practical terms, this situation is likely to arise with a... Read more...
Children – care applications
Wednesday, 04 March 2015
The president of the Family Court has given a salutary reminder to practitioners of the importance of fundamental principles in care applications. Read more...
Client account – interest
Wednesday, 04 March 2015
The money earned by solicitors on general client accounts has plummeted in recent years as interest rates have fallen. Many are therefore looking at alternatives, such as Treasury deposit accounts. Read more...
Court of Protection – breach of declaration
Wednesday, 04 March 2015
The breach of a declaration of the Court of Protection cannot hold the same weight as the breach of a court order. The CoP considered a breach of a ‘best interests’ decision made under the MCA... Read more...
Disability – obesity?
Wednesday, 04 March 2015
The ECJ’s decision that obesity can amount to a ‘disability’ for discrimination purposes received much publicity. After all, one-quarter of the adult population in the UK is clinically obese,... Read more...
Entrepreneurs’ relief – crystallised gain
Wednesday, 04 March 2015
Entrepreneurs’ relief reduces CGT to a rate of only 10% (not 28%) on up to £10m of qualifying gains when a business is sold. That is a saving of up to £1.8m. Read more...
Insurance – Flood Re
Wednesday, 04 March 2015
Flood Re is intended to cushion the effects of price increases for insuring high-risk properties. Because many households would struggle to afford open-market premiums for these properties, the... Read more...
Judgments Regs – changes
Wednesday, 04 March 2015
New Judgments Regs came into force in January 2015. The main change has been a relaxation of the European Court’s approach to concurrent proceedings. The basic rule remains, namely that the court... Read more...
Lease assignment – reversal?
Wednesday, 04 March 2015
We have repeatedly made the point that a guarantor can guarantee a particular T, but cannot also guarantee T’s assignee. Thus, G can guarantee T1, but not T2 (T’s assignee). But, what happens if... Read more...

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