The following Family Q&A provides comprehensive and up to date legal information covering:
Where more than one country may have jurisdiction to hear divorce proceedings, care should be taken to determine which may be the most advantageous jurisdiction for the client. Advice should be taken from a lawyer in the other jurisdiction as to the likely outcome of proceedings on finances or children issues. Time may be of the essence in commencing proceedings where there are competing jurisdictions, as jurisdiction may be determined by which court was first seised of the proceedings. Which jurisdiction is most advantageous for the client will be entirely dependent on the facts of the case.
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When is quantum meruit and quantum valebat relevant?Claims in quantum meruit (value of services) and quantum valebat (value of goods) arise in diverse situations ranging from where contractual terms are silent on issues of payment to where there is no contract at all (Serck v Drake & Scull).General
Who is a fiduciary?There is no comprehensive list of the relationships which give rise to the existence of fiduciary duties under common law. Some relationships are automatically fiduciary, eg those between trustee and beneficiary, solicitor and client, principal and agent, business partner and
An intention to create legal relations is requiredThere are various situations in which a court will hold that an agreement is not binding because, though supported by consideration, it was made without any intention of creating legal relations (see, eg, Blue v Ashley).Did the parties intend to
Overlapping insurance policesThere are various reasons why an insured may end up with overlapping insurance cover, whether deliberately or otherwise.Examples include the situation where the insured takes the benefit of other insurance arranged by another party or where, in the commercial world, risk
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