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A cautionary tale for sellers and their agents – disclosure of matters affecting title to property
In SPS Groundworks and Building Ltd v Mahil [2022] EWHC 371 (QB), the High Court held that references in the auction brochure and by the auctioneer to the need to read the legal pack were insufficient for a seller to have complied with its duty to disclose a defect in title.
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How Much Does a Will Cost?
Over 50% of UK adults do not have a will. Some may not realise the importance of having one or simply haven’t made the time to write a will. But one factor deterring people may be the cost.
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Promises, promises – Were you made a promise about a Will?
If you were made a commitment regarding something promised in a Will, is that promise binding? Do you have a claim against the estate and grounds for contesting the Will (contentious probate)?
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This Will Is Wrong – Rectification
If there is a mistake in a Will then, in certain circumstances, a Will can be rectified. Those circumstances are strictly limited though and set out in Section 20 Administration of Justice Act 1982.
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“Capacity”: What Is It & How Do You Contest A Will Based On Incapacity?
One of the grounds for contesting a Will is incapacity. Incapacity on the part of the person making the Will can take various forms, such as dementia. Someone who does not have the mental capacity to make a legally valid Will may also come under undue influence during the process of making it.
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The importance of identifying land benefiting from a restrictive covenant
In the recent case of Bath Rugby Ltd v Greenwood and others, the Court of Appeal found that a restrictive covenant that pre-dated the Law of Property Act 1925 had not been annexed to benefiting land, because the extent of that land had not been identified.
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Hey! Teachers! Leave the kids alone!
In this article, we dissect the recent case involving a longstanding university lecturer and the tale of her terminated employment.
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Misconduct vs Professional Negligence
Many people use the terms misconduct and negligence interchangeably as if they mean the same…
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Can You Sue a Barrister for Negligence?
Can You Sue a Barrister for Negligence?
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S106 Agreements, Affordable Housing and CILs
In a recent case, the High Court decided in favour of Wealdon District Council costing…