Jonathan Edwards

This Practice Note considers the legal principles which apply where there is a dispute between parties about the disposal of the body of a deceased person. Such disputes can extend to transportation of the body out of the jurisdiction, the timing and mode of disposal, and the ceremonies to be carried out. Key words include the body and burial litigation.

This Q&A looks at the construction of a statutory declaration in relation to the Landlord and Tenant Act 1954.

This Q&A considers the principle and procedure of contribution or indemnity claims in respect of a joint and several debt arising from a costs order, which it is assumed is for a specified sum.

This Q&A is focused primarily on the potential risks of providing an external party with access via a data room to electronic copies of privileged legal advice held by a company. It is assumed that the proposed transaction in question is the sale of the company itself by its current shareholder(s), rather than the sale by the company of its goodwill and assets and that the external party is carrying out due diligence for such proposed purchase.

This Q&A looks at bankruptcy and security, transfer of property to spouse and equitable charge following transfer.

This Q&A considers if at the pre-trial stage, parties can agree to an extension to file witness statements between themselves or do you require the courts permission for an extension.

This Q&A looks at when a demand for arreras can be made.

This Q&A considers the procedural rules regarding statements of truth, and the rules relating to trade unions and the conduct of litigation.

This Q&A considers the recoverability of legal fees spent in pursuit of unpaid ground rent, where recovery is sought under the lease rather than or as well as by an award made by the court in proceedings.

This Q&A considers how the procedures of Part 11 of the Civil Procedure Rules (CPR) applies to claims issued in the County Court Money Claims Centre (CCMCC) and the proper procedure for applying to stay proceedings on the ground that the claim should be arbitrated.

This Q&A considers legal interests in land, equitable interests in land, and leaseholds expressed to be for life.

This Q&A looks at whether an offer can be validly accepted by email and/or without using Form N242A.

This Q&A considers the enforcement of an offer made by the defendant that complied with the requirements of Part 36 of the Civil Procedure Rules (CPR) and has been accepted by the claimant.

This Q&A considers exclusion of liability where a contract for provision of service has been assigned to a third party.

This Q&A considers the necessity of filing separate income tax returns for a discretionary Will trust and for the relevant estate, in the specific situation where the trust fund is distributed within two years of the testator’s death.

This Q&A considers how an agreement to extend a leaseholder’s demise that operates by way of surrender and regrant interacts with the right of refusal under the Landlord and Tenant Act 1987.

This Q&A considers the status of an offer which is stated to be made pursuant to CPR 36 but which in fact is not a valid Part 36 offer due to non-compliance with the rules, in particular whether such an offer is privileged.

This Q&A considers how a specific legacy of identified money is, or might be, affected by the subsequent making of a lifetime gift of money from other funds.

This Q&A considers the procedures of Part 36 offers and allocation or issue of proceedings to the Small Claims Track, under The Civil Procedure Rules 1998.

This Q&A considers how a defendant should respond to receiving proceedings for which the claimant was required to, but did not, obtain the court's permission.