Jonathan Edwards

This Q&A considers the situation where there are two administrators acting as personal representatives of an estate and they are bringing a claim under the Fatal Accidents Act 1976 (FAA 1976), but one of the two administrators is unwilling to continue actively participating in giving instructions. It does not consider a solicitor’s duties in the common situation where there are multiple clients but one is authorised by the others to take the lead in giving instructions.

This Q&A looks at what a 'reasonable' period is for the landlord to carry out remedial works.

This Q&A considers whether a bankruptcy registrar’s judgment is binding on a county court.

This Q&A considers the procedural requirements following the making of an interim charging order in enforcement of a judgment debt, in the period before the court decides whether to make the charging order final. It is assumed that the property to be charged is land, as is most often the case. This Q&A states the law as at 22 December 2016.

This Q&A considers the formality requirements for making a statutory declaration, in particular the context of the requirements at section 38A of the Landlord and Tenant Act 1954.

This Q&A considers the situation where a joint and several costs order made against five parties has been paid by two of the parties subject to it, who then seek to recover a proportionate share from the other three parties who were liable. It is assumed that the amount of the costs order has been fixed by agreement or assessment.

This Q&A considers the duties of Braganza v BP Shipping Ltd [2015] UKSC 17 in commercial contracts.

This Q&A considers the consequences of a tenant failing to pay the deposit pursuant to paragraph 2, Schedule 2, to the Leasehold Reform (Collective Enfranchisement and Lease Renewal) Regulations 1993.

This Q&A considers the difference between exchange of witness statements and service of witness statements in a court order.

This Q&A discusses the duties of the executor where there is a dispute between the residuary beneficiary under a Will and one or more other beneficiaries.

This Q&A considers the powers of executors to carry on the deceased's business during the administration of the estate in the absence of an express clause or the STEP standard provisions in the Will.

This Q&A considers possible ways of giving effect to a consent order which provides that one party sign a transfer of a property into another’s name

This Q&A considers views from the bar on how a claim form can be served when coronavirus (COVID-19) is affecting the postal service.

This Q&A considers the service of proceedings against a defendant who is domiciled in Florida for a sum due under a contract to do work in relation to immovable property located in England and Wales. It is assumed that the defendant is an individual, that the proceedings are issued in the courts of England and Wales, and that the governing law of the contract is the law of England and Wales.

This Q&A considers the rules and practice regarding the citation of legal authority before the court, including in bundles.

This Q&A considers whether the ‘term date’ be calculated from the term commencement date or the date of completion of the lease when serving notice under section 6 of the ATA 1995.

This Q&A looks at whether a landlord is required to serve a section 25 notice where a commercial lease is contracted out.

This Q&A considers the effect of identifying a company by an old name in legal proceedings, and how this can be remedied if need be.

This Q&A considers the nature and effect of a consent order for the settlement of a claim which provides for the payment of a specified sum of money.

This Q&A considers the interpretation of ‘by’ where a contract expresses that an obligation must be performed ‘by’ a given date.