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See Practice Note: Executor's and administrator's authority prior to the grant, which outlines how an executor is the person appointed, ordinarily by the testator by their Will or codicil, to:
administer their property
carry into effect the provisions of the Will
The above Practice Note goes on to state that, though the grant of probate confirms the executor’s authority to act, an executor may still carry out functions prior to the grant. Following the decision in Kelsey v Kelsey, an executor may generally do
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Unlike many other countries, the UK has no unfair competition law. Brand owners seeking to prevent competitors from marketing ‘copycat’ products or using misleading advertising have to rely on a combination of different intellectual property rights. These rights include the common law right to
Practical completion marks the end of the construction period of a project, when the works are 'finished' and the employer can occupy and/or use them. Practical completion also typically marks the start of the defects liability period/maintenance period.As explained below, practical completion is an
Issue estoppel is a sub-species of the res judicata doctrine (see Practice Note: The doctrine of res judicata). In addition to the general key requirements for establishing a res judicata (see Practice Note: Key requirements to establish a res judicata), this Practice Note considers the specific
This practice note provides an introduction to tort law by addressing three questions:•what does the concept of being liable in tort mean? And how does tort relate to contract and criminal law•how has the law of tort developed?•what is the scope of tort, ie what interests does it protect? What
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