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Part 36 offer – reducing the amount

What happens if a Part 36 offer is made, but is not accepted in time, with the defendant then varying the terms of that Part 36 offer so as to make it ‘less advantageous’ (ie ...

Accounts – breaches

Some simple advice on how to avoid the two most common accounts ...

Capacity – deprivation of liberty

The Court of Protection has supplemented and elaborated on questions of law arising out of a recent deprivation of liberty case involving adults who lacked ...

Damages – loss of profit

A ‘loss of profit’ will often be assumed to be an indirect loss but a recent High Court decision makes it clear that it can be either a direct or an indirect loss. ...

Change of use – offices to residential?

These days, many office buildings will be worth more if they can be converted to residential use. If T has a long lease, then it will usually be necessary to get L’s consent for any ...

Right to light – preventative steps?

There are two main methods of preventing a right to light arising: (i) by interrupting the 20-year period needed to create the right, or (ii) registering a light obstruction ...

Litigants in person – costs entitlement

What costs can be recovered by a litigant in person ...

‘Qualifying works’ – consultation

A reminder of the basic rules on statutory consultation in relation to service ...

Restrictive covenant – Wrotham Park damages

Suppose a group of non-fiduciary employees are planning to leave and flout their restrictive covenants (eg they solicit and accept custom from clients; use the employer’s confidential database; poach other staff). The staff walk away ...

Planning conditions – deemed discharge

As part of its moves to speed up the planning process, the government is intending to introduce a system for deeming that a planning condition has been discharged (if the LPA has not responded within ...

Children – care proceedings

The LA’s delay in issuing care proceedings was so serious that the parents were entitled to compensation. The child (C) was born in circumstances where there was either effectively a ‘concealed pregnancy’ or M was ...

Sentencing – sex offences

Modern attitudes and sentencing guidelines are relevant to historical sex offences. The Court of Appeal has dismissed an appeal by Max Clifford (A), who was sentenced to eight years’ imprisonment following conviction for eight counts ...


Most-read articles

Damages – loss of profit
Thursday, 11 December 2014
A ‘loss of profit’ will often be assumed to be an indirect loss but a recent High Court decision makes it clear that it can be either a direct or an indirect loss. Read more...
Sale and lease-back – NE Property Buyers
Thursday, 11 December 2014
The NE Property Buyers litigation has ended with the Supreme Court finding in favour of the mortgagees seeking possession from occupiers under failed sale and rent-back schemes. Read more...
Sentencing – sex offences
Thursday, 11 December 2014
Modern attitudes and sentencing guidelines are relevant to historical sex offences. The Court of Appeal has dismissed an appeal by Max Clifford (A), who was sentenced to eight years’ imprisonment... Read more...
Restrictive covenant – Wrotham Park damages
Thursday, 11 December 2014
Suppose a group of non-fiduciary employees are planning to leave and flout their restrictive covenants (eg they solicit and accept custom from clients; use the employer’s confidential database;... Read more...
Children – care proceedings
Thursday, 11 December 2014
The LA’s delay in issuing care proceedings was so serious that the parents were entitled to compensation. The child (C) was born in circumstances where there was either effectively a ‘concealed... Read more...
Right to light – preventative steps?
Thursday, 11 December 2014
There are two main methods of preventing a right to light arising: (i) by interrupting the 20-year period needed to create the right, or (ii) registering a light obstruction notice: Read more...
Change of use – offices to residential?
Thursday, 11 December 2014
These days, many office buildings will be worth more if they can be converted to residential use. If T has a long lease, then it will usually be necessary to get L’s consent for any change of use... Read more...
‘Qualifying works’ – consultation
Thursday, 11 December 2014
A reminder of the basic rules on statutory consultation in relation to service charges: Read more...
Part 36 offer – reducing the amount
Thursday, 11 December 2014
What happens if a Part 36 offer is made, but is not accepted in time, with the defendant then varying the terms of that Part 36 offer so as to make it ‘less advantageous’ (ie typically, lower)?... Read more...
Planning conditions – deemed discharge
Thursday, 11 December 2014
As part of its moves to speed up the planning process, the government is intending to introduce a system for deeming that a planning condition has been discharged (if the LPA has not responded within... Read more...

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