Annie are you OK, are you OK Annie? [at this precise moment in time whilst completing your last will and testament]

The Mental Capacity Act 2005 (“MCA”) introduced a framework for assessing mental capacity, enabling the court to assist persons who lack capacity to manage their affairs by taking decisions or by appointing decision-makers to act on their behalf. MCA is not retrospective and not relevant in considering the validity of wills made prior to 1 April Continue reading

Thy Will Be Done. Maybe…

Those readers who follow legal stories in the press will not have failed to notice a spate of cases concerning end of life decisions. Last month, the Supreme Court ruled that an application may no longer be needed for an order to withdraw life-sustaining treatment for a person with a ‘prolonged disorder of consciousness’. “An Continue reading

Larke v Nugus

A Larke v Nugus request is a request regarding the circumstances of drafting a Will. The starting point is the case of Larke v Nugus (1979) 123 SJ 327. It is a case I sometimes use when advising probate clients. The case held that the professional who drafted the Will should provide information about the drafting and Continue reading

You’re Probably a Data Controller: Read Me

In discussions with various professionals, I have been surprised with the number of people who immediately switch off at the mention of data protection. Well, perhaps not surprised, but troubled. That observation has led me to this article. The purpose of this short article is not to offer any advice or explanation on the current Continue reading

Beddoe Applications

A Beddoe application is a type of application to the court, made by trustees, for directions. The trustees ask for permission from the court to litigate (or continue to litigate) against someone not a party to the proceedings. There is a main application, which is the substantive case itself, and the Beddoe application. Common Beddoe Continue reading

Of Course Our Partnership Doesn’t Need To Be Written. Let’s Just Write That Down

The Becket Chambers Commercial Team deals with all types of business organisation- from listed companies to sole traders. A surprising number of disputes come from partnerships, when two or more friends or relatives have set up a business informally, and there is, later, a disagreement as to what each partner may, or may not do. Continue reading

Angry Letters: What’s The Fuss?

In all litigation, any correspondence can be read in (at least) two ways. One of them is often “angry or aggressive”. As a barrister of some little experience, I have, by my own estimate, read several hundred thousand letters between parties and/ or solicitors. These range from amicable and collaborative at one end, through to Continue reading

Part 36: The New Regime

Following the recent series of seminars in civil law, I have reduced my presentation to this short article. A number of the Part 36 offers I see are not valid. Regardless of the seniority of lawyer, or the experience of the individual drafting the offer, there are a number of potential pitfalls. The new Part Continue reading

Blog: Solicitor CPD – All Change Please

There are changes afoot with solicitor CPD. The Law Society has released a practice note about the changes, which you can read here. When? Solicitors may move to the new system as of 1 April 2015 or they may remain under the old system until 1 November 2016 when they must move to the new Continue reading

Blog: Family Law: Court Bundles – A Warning

In the Law Society Gazette 22nd June 2015, an article was written at page 20 on the current position for court bundles. It is ESSENTIAL reading for solicitors and litigants in person preparing bundles for court. In brief summary, the current position is thus: There is no concept of a single core bundle with supporting Continue reading