Latest Legal News

Articles

30 Nov 2007

Mental health and mental capacity: the new overlap

Patients detained under the Mental Health Act 1983 as well as their doctors should be able to rely on the new principles in the Mental Capacity Act 2005, says Laura Davidson

30 Nov 2007

The Financial Ombudsman will fix it

The Financial Ombudsman Service provides a swift and cost-effective alternative to litigation against financial institutions, says Michael J Wilson

30 Nov 2007

One home into two

For divorcing couples, extracting enough equity from the matrimonial home to fund two new lifestyles is just one of several challenging exercises, says Michelle McDermott

23 Nov 2007

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

23 Nov 2007

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

23 Nov 2007

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

23 Nov 2007

Update: landlord and tenant

Milton McIntosh considers developments in regard to rent reviews, quiet enjoyment, surrender agreements, repair damages and business tenancies

23 Nov 2007

Owning up

Though fewer mortgage shortfall cases are now being litigated, the process of negotiating a settlement still remains complex, says Daniel Lewis