All Legal updates articles – Page 26
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FeatureFamily law: offsetting pensions
A considered overview of offsetting pensions in financial remedy orders helps fill a gap where there is precious little guidance.
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FeatureNew offences and sentencing
Two further significant provisions of the Serious Crime Act 2015 have been brought into force.
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FeatureWithout prejudice privilege
The application of the privilege came into question in a recent Court of Appeal case.
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FeatureNew EU data protection regulation
The regulation will replace all data protection legislation in EU member states. What do practitioners need to do next to be ready?
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FeaturePI: non-delegable duty of care
The Court of Appeal dealt with the issue of vicarious liability after the foster child claimant suffered abuse.
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FeatureLocal government: consultation minefield
Lambeth Council came unstuck for effectively moving the goalposts in relation to its published consultation arrangements.
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FeatureCivil procedure: expert evidence
A failure to control expert evidence will result in the court making adverse costs orders.
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FeatureWills and probate: relief from forfeiture
When can the court relieve intended beneficiaries with criminal records from forfeiting estates?
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FeatureFamily law: setting aside orders
The court will be heavily influenced by what the parties have agreed.
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FeatureEnvironmental claims plans undermine access to justice
Costs rules for environmental cases now comply with EU law after lengthy scrutiny. But a new consultation could ultimately limit access to redress for many groups.
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FeatureDefence of tender before claim
In order for the defendant to rely on this defence, he must comply with Civil Procedure Rule 37.2.
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FeatureChallenges to ‘austerity’ cuts
Lincolnshire County Council has recently undergone two legal challenges to its proposals for redesigning its library service in the light of ‘increasing budgetary constraints’.
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Feature‘Refugees’, ‘migrants’ and the Brexit vote
Popular familiarity does not necessarily reflect an equally robust understanding.
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FeatureOpenness threatened by ‘decluttering’
The likely findings of the Commission on Freedom of Information’s report.
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FeatureLocalism bill does not rule out bias
Apparent bias remains a serious risk to local government decisions, as some recent judgments show.
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FeatureStatute, sentencing and procedure
The 2015 statutory onslaught on criminal lawyers continued through the summer. What do the changes mean?
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FeatureThresholds for strike-out
The legal principles on striking out a claim on the grounds of the claimant’s alleged abusive or fraudulent conduct.
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FeatureRestraint of trade
Regulators are under pressure to justify restrictions on municipal entrepreneurialism.
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FeatureArresting developments
Buyers discovering information about development after exchanging contracts.