Archive

Purpose alone can no longer determine if there is a deprivation of liberty

Earlier findings by Lord Justice Munby that safeguards do not apply because deprivation of liberty has a benevolent purpose are no longer supported by the more recent approach taken by the European Court of Human Rights, writes David Hewitt

Modernising archaic easement laws

Proposals to reform the old laws on easements would put an end to unnecessarily complex and uncertain rules, says Mangala Murali

Undertakings: how to avoid the traps

It is essential to carefully consider the circumstances of a case and all possible outcomes before giving an undertaking, says John Coulter

Insolvency update

Two cases have provided welcome guidance on the protection afforded to employees under TUPE when a company enters administration, says Denise Fawcett

Balancing the cost of legal aid reforms

Changes to the funding regime for personal injury cases are set to affect both sides of the market. Key stakeholders explain how the reforms can most fairly serve all involved

Recognising the benefit of ABS

Legal Services Act pioneers Neil Kinsella and Tim Oliver remind us why law firms, like any other businesses, should regard innovation as a positive step

The end of the problem or more of the same?

Kate Lotts examines how the ban on referral fees will really affect claimant lawyers

Small claims: big impact

Of all the changes facing the PI sector, the rise in the small claims limit presents the greatest risk to genuine claimants, says Alex Kenny