Legal Features

Articles

Civil litigation brief

Bringing a fatal accident claim as a dependant of a deceased person who settled an earlier personal injury claim can be problematic but not impossible, says Gordon Exall

Contracting out conflict

Confirmation in an Australian case that fiduciary duties may be contractually avoided could set a precedent for English courts, say Michael Twomey and Eamonn McNamara

Implied parking rights

The decision in Moncrieff v Jamieson is likely to make claims of an implied right to parking more difficult but conveyancers should nevertheless take active steps to exclude them expressly, says Stephen Bickford Smith

Practice trends: ancillary relief

As more decisions add to the confusion surrounding the principles governing ancillary relief, it is time that the Court of Appeal provided clear guidance. Jean-Yves Gilg reports

The draftsman's tightrope

If restrictive covenants are drafted too widely then they are unenforceable, but if drawn too narrowly they become ineffectual, says Dijen Basu

Update: family

Liz Dronfield considers the protection of children from harm and in particular the extension of Family Assistance Orders, interim change of residence, committal proceedings and care proceedings involving parents with severe learning disabilities

North-West: new ways of working

No large metropolises or giant law firms, but North West lawyers are ahead of the game on business development in the age of the Legal Services Act, says Jean-Yves Gilg

Reasonable practicability

In the fifth article in his series on the Construction (Design and Management) Regulations 2007, Gordon Exall considers the defence of being “reasonably practicable”