The landscape of February is gone, and legal professionals are all now working in previously unknown circumstances. The daily routine has vanished, we are for the most part not physically attending court, and traditional ways of doing things have changed. Recently I was in a far flung county court with a solicitor colleague as we … Continue reading
Bundles have always been the bane of the civil lawyer’s life. 10 different courts, 10 different approaches, and 10 shades of adherence to the CPR. From 6th April this year, the rules changed for the worse better. If you are preparing for a trial under the CPR, you should take a look at the new … Continue reading
Much of probate law is aimed towards future arrangements: what will happen after I die, how do I leave my estate to my children, whether to donate to the brexiteers or remainers. Sometimes however, the law allows us to deal with matters when things have gone wrong. From a contested wills & probate perspective, ensuring … Continue reading
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
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
Probate (and for the purposes of this article I include Inheritance Act claims, which some would argue are family cases rather than probate) are one of the areas of law where there can be a plethora of parties represented by the one legal adviser. To those of us working in this area of law, it … Continue reading
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
I had been dealing with a longstanding family finance case. Husband and wife had almost reached agreement on what to do with the joint assets following separation. Then tragedy struck; the husband died. Acting for the wife, and in discussion with my instructing solicitor, we agreed to pursue a claim under the Inheritance (Provision for … Continue reading
Inheritance Act cases divide opinion amongst lawyers. Some say they are family law, some say they are probate. Some consider them to be a standalone type of case that calls for specialism in only this area of law. I happen to cover probate and family, so I do not have an opinion either way, but … Continue reading
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
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
SOME areas of law allow the lawyer in question to deal with something nice. For example setting up a new business, buying a house, or receiving an inheritance from an unknown relative who left a handsome sum to a client. That last example would fall under probate law. Lots of probate however is less pleasant. … Continue reading
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
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
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
Much of my commercial work relates to the interpretation of contract clauses. I am, in almost every case, asked how the court will interpret clause X. Over the years the courts have changed how they view commercial contracts. In Arnold v Britton [2015] 2 WLR 1593 the Supreme Court has, it would seem, reverted to … Continue reading
In advance of the forthcoming Becket Chambers seminar series, where I will be tackling the thorny topic of disclosure, here is a little taster in advance. According to FPR 2010 Part 21 and PD 21A, there are two stages of disclosure: Form E, and then the questionnaire. Or more precisely, the answers to questionnaire. Permission … Continue reading
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
Following the Becket Chambers summer series of seminars in Canterbury, Dartford, and Eastbourne, below is a very condensed précis of one of the talks – legal services orders. There are two regimes to be aware of: Costs Allowances (the old regime); and Legal Services Orders. Costs Allowances Although I refer to CA’s as the old … Continue reading
Following a death, relatives and dependents can contest a Will by going to court. There is no requirement for any person to be provided for in a Will. But if someone you depend on dies, and they haven’t left you either a) anything, or b) enough to get by on, you may be able to … Continue reading
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
My Ex husband (“H”) and I (“W1”) divorced years ago but didn’t sort out the finances. Now he is divorcing his new wife (“W2”), and there are financial proceedings going ahead. Can she claim against my assets? Put simply – she can claim against any of the ex husband’s assets. Whether or not she gets … Continue reading
It is becoming more and more common to see cases where one side is represented, and one is not. So, if you are representing yourself (as a “litigant in person”), how do you deal with a barrister? The first thing to remember is that barristers, although instructed on behalf of your opponent, are professionals, and … Continue reading