The Practical Lawyer

Home
About
CPD
Subscribe
Contact
New this month...

Fatal accidents – bereavement damages

The CA has highlighted the need for change to Fatal Accidents Act 1976 insofar as it deals with the position of cohabitees. There are two ...

Practice – disclosure

The high-profile collapse of a number of rape cases following disclosure failings by the police has thrown rape prosecutions into the spotlight. Against this background, the author discusses the reasons behind disclosure failings in criminal ...

Defamation – ‘serious harm’

The common law tests for defamation are very broad, and that is why England was – until recently – known as the defamation capital of the ...

Clients – advice warning?

To what extent should you warn a client that your advice may be wrong? The answer is that a warning should be given when there is a ‘significant risk’ about the construction or interpretation of ...

Contract – implied terms

The starting point is that any court will be slow to imply a term into a written contract (on the basis that if the parties had intended to include a term then they would have ...

Children – contact

The judge failed to test his factual conclusion against family law principles, the Court of Appeal held in a landmark case where F was refused direct contact with her ...

Sale and leaseback – intro

A sale and leaseback involves the sale of a property to a third-party investor for a lump payment, immediately after which the investor then leases the property back to the seller for an agreed period ...

Compulsory purchase – changes

Compulsory purchase procedures have been changed by Neighbourhood Planning Act 2017. Not all of the Act is in force, but these changes came into force in September ...

Procedure – personal income tax

At issue in this case was whether A owed HMRC a debt in excess of the current bankruptcy level of £5,000. If he did, HMRC could serve a statutory demand on him ahead of bankruptcy ...

Surrender – by law

A ‘surrender by law’ occurs when L or T carries out actions that are only compatible with a surrender (ie the ending) of the tenancy. Thus, it is the actions of the parties that count ...

Whistleblowing – self-interest?

The whistleblowing legislation was amended in 2013 so the disclosure must now be ‘in the public interest’. This change was designed to reverse an EAT decision which had allowed a personal contractual dispute to come ...

Trade mark – local goodwill

You cannot register a trade mark in the UK if its use is likely to be prevented by a protected unregistered mark (eg via passing off). But, what happens if there is merely local goodwill ...


Most-read articles

Resources

IAG International
In House Lawyer
Join the IBA now!
MSI Global Alliance
www.totallylegal.com