Latest Legal News

Articles

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...

Switching horses

Changing experts in the course of litigation can be problematic and further clarification from the Court of Appeal is needed, says Janice McMullen

Information overload

How far must an adviser go to attain a client's informed consent, and does too much information simply lead to the client becoming confused and...

Which route to use?

The Protection from Harrassment Act 1997 can provide a framework for applicants that are unable to rely on the Family Law Act 1996, say Michael...

Owning up

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

Update: landlord and tenant

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

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,...

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