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Dispute Resolution

 

Why Incorporating Contract Terms Can Make or Break Your Case

Lauren Pitts
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In commercial disputes, the contract is everything. When a dispute lands in court, the first question is: what did the parties actually agree to? If key terms were not properly incorporated, even the strongest position can quickly unravel. So what does...

From Discretion to Decision: Navigating Discretionary Trusts

Emily Coates
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Being a trustee of any type of trust (and there are many!) is a serious responsibility. Whilst the word “discretion” might suggest freedom to make decisions, trustees are bound by a framework of legal duties, designed to protect beneficiaries and...

Grieving in the Digital Age: Accessing a Loved One's Apple Account

Emily Coates
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Passwords and passkeys go hand in hand with sensitive and confidential information - emails, bank accounts, digital assets, and data stored on the cloud. From having one password for everything (definitely not recommended!), to separate passwords for...

I'm a Claimant - Get Me Out of Here!

Emily Coates
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Entering into litigation can be a scary prospect, whether it is because the outcome of the case is far from certain, or the size of the costs that will likely be incurred. A question often asked by claimants (the person bringing the claim) is “can I...

The Assisted Dying Bill - a Change to the Legal Landscape

Emily Coates
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On 29 November 2024, our MPs are due to debate and vote on the new Assisted Dying Bill. If passed, this bill will allow terminally ill adults to be given medical assistance to end their own life. There will be strict requirements to protect vulnerable...

Avoiding Pitfalls: Serving Claims Correctly

Emily Coates
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When court proceedings are threatened, it can often be scary and daunting for people. This may be because of the complicated legal nature of the dispute, or because of the rules that need to be followed. In England and Wales, civil litigation is governed by...

What Is Mediation, and Should I Attend?

Leah Merrifield
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Disputes concerning finances, inheritance and property are often complex, and therefore expensive to resolve through court. These types of disputes also frequently involve family members, which can make them particularly distressing. These factors mean that...

Fixed Recoverable Costs and Property Litigation

Nigel Maguire
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On 1 st October 2023 changes to rules on costs came into force that extend the application of fixed recoverable costs into civil litigation.  These changes will not affect all areas of civil litigation practice- this article focuses on  the effect...

Privilege in Litigation - When Is It Waived, and When Are You Obliged to Hand Over Your Legal Advice to the Other Party/Parties?

Alex Forster
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Sometimes in disputes clients who have the benefit of positive legal advice may attempt to use that advice to inform the other side of how strong their case is. On occasion this involves forwarding on the advice to the other side, and sometimes it involves...