Cost-capping in environmental cases – the legality of rules

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An appeal over the process of Costs Budgeting has been upheld bringing into question the practice of ‘parking off’ hourly rates to detailed assessment. Paul Joseph, counsel at No5 Barristers’ Chambers, has highlighted the case of Derrick Offei Agyemang Yirenkyi v Ministry of Defence (2018). The claimant appealed against a master’s decision on cost budgeting. […]

Application of QOCS to defendants counterclaiming in personal injury

By Rebecca Livesey In County Courts around the country over the past year, it has become ‘fashionable’ to argue over the meaning of the word “proceedings” in CPR r.44.13. The essential question is whether a Defendant, by virtue of bringing a counterclaim including personal injury, is afforded QOCS protection against the Claimant such that any orders […]

Government’s new probate fees – just an extra death tax?

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Case: Claimant in clinical negligence claim appeals against summary judgment

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By Kirsty Black, Lucy Shepherd A landlord can defeat a lease renewal on development grounds only where it intends to carry out the works whether or not the tenant is in occupation. The Supreme Court has handed down its eagerly-awaited judgment in S Franses Ltd v The Cavendish Hotel (London) Ltd, the facts of which we covered in our […]

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By Martin Thomas, Şenay Nihat, David Wigy The Supreme Court handed down judgment today in London Borough of Southwark and another v Transport for London [2018] UKSC 63 – finding that that there is no clear and consistent meaning of ‘highway’ in common law. Rather, the meaning of ‘highway’ depends on the context in which it is used, […]

Why all Guernsey homeowners need to make a will

By Alison Ricketts, Martyn Baudains Over the last ten years significant changes have been made to Guernsey’s laws of succession, the effects of which may be overlooked by some homeowners. Prior to 2008 if you were married with ‘legitimate’ children (children born during your marriage) and died without having made a will then your houses and land, […]

At-a-glance guide to Lasting Powers of Attorney

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By Karl Anders Housing Management & Litigation expert Karl Anders explains the Government’s call for evidence on the case for a dedicated Housing Court. Have your say by 22 January 2019. Call for Evidence: the case for a Housing Court The UK Government has publicised its commitment to ensuring that everyone, whether they rent or own their home, […]

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