Refine By
Clear all filter
About 92251 results for "*"
Q&As
Bulgaria joined the EU on 1 January 2007. For further information on this, see: EU member countries in brief. Article 26 of Regulation (EC) 1393/2007, Service Regulation provides that the regulation enters into force on the 20th day after publication in the Official Journal of the EU which occurred on 10 December 2007. Therefore at the time that it came into force Bulgaria was a member of the EU. For further information, see: Article 26 of Regulation (EC) 1393/2007—Entry into force. Article 1 of Regulation
Q&As
In its guidance: Disputed wills: guidance for practitioners, the Law Society indicates in the section titled 'Reasonable charges' that the charges should be 'reasonable, in accordance with [your] duty to treat others fairly under paragraphs 1.1 to 1.4 of the SRA Code of Conduct for Solicitors, RELs and RFLs... A reasonable charge may also be made for photocopying'. In terms of how such a charge should be invoiced, this is something that should be discussed with the party making the Larke
Q&As
The local authority for the relevant area has a duty to enforce compliance with the building regulations. Where works have been carried out on a building, the local authority can take enforcement action under the Buildings Act 1984 (BA 1984) which can lead to a significant fine on conviction following a prosecution under BA 1984, s 35. The limitation period is two years after completion of the work and the action is against the person who carried out the work. The local authority can also within a period of 12 months serve an enforcement
Q&As
Generally, the duty of a solicitor to a client is confined to the carrying out of those tasks that the client has instructed be done and which the solicitor has agreed to carry out, though it is implicit in that duty that advice be given on matters which are reasonably incidental to the work which has been agreed to be carried out, taking into consideration the character, sophistication and experience of the client and the extent of the burden of that additional work: see Minkin v Landsberg. When compiling a will therefore, it is the duty of the solicitor to take reasonable care to ensure that the wishes of the testator or testatrix are carried into effect: Carr-Glynn v Frearsons (A Firm). That case was
Q&As
Statutory provisions Section 71 of the County Courts Act 1984 (CCA 1984) explains that: 'Where a judgment is given or an order is made by [the county court] under which a sum of money of any amount is payable, whether by way of satisfaction of the claim or counterclaim in the proceedings or by way of costs or otherwise, the court may, as it thinks fit, order the money to be paid either— (a) in one sum, whether forthwith or within such period as the court may fix; or (b) by such instalments payable at such times as the court may fix.' [our emphasis] There is no specific provision for payment of costs in the Senior Courts Act 1981 which covers the High Court. CPR provisions CPR 44 contains provisions dealing with the court’s general discretion as to costs. Specifically, CPR 44.2(1)(c) provides that the court has a discretion as to when the costs are to be paid. This broad discretion could
Q&As
While the court cannot force parties to settle their differences outside the courtroom, the Court of Appeal in Halsey v Milton Keynes General NHS Trust made it clear that the courts can impose costs sanctions on those who unreasonably refuse to consider other methods of resolving their disputes. Costs sanctions The starting point for determining whether any costs sanctions will be applied for a refusal to engage in alternative dispute resolution (ADR) or unreasonable conduct during ADR is CPR 44.4(3)(a). This provides that in determining what costs are to be awarded to a party: '(a) The court will also have regard to the conduct of all the parties, including in particular... (ii) the efforts made, if any, before and during the proceedings in order to try to resolve the dispute.' The
Q&As
Practice Notes: Family provision claims—children and those treated as children and Family provision claims—matters of regard for each applicant provide an overview in respect of claims made by a child of the deceased. Under section 1(1)(c) of the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975), children of the deceased are persons who may make a claim for reasonable financial provision from the deceased’s
Q&As
Section 42 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) gives a leaseholder of a flat the right to claim an extended lease of their flat by service of the appropriate notice on the landlord. Under LRHUDA 1993, s 43(3), where the tenant has served a section 42 notice, 'the rights and obligations of the tenant [arising from the notice] shall be assignable with, but shall not be capable of subsisting apart from, the lease of the entire flat'. The consequence of assigning the lease without the benefit of the notice is that the notice is deemed to have been withdrawn. The use of the words 'shall be
Q&As
A charitable company will typically base its constitution or governing document on the articles of association for a company limited by guarantee (see Precedent: Model articles—private company limited by guarantee—companies incorporated on or after 28 April 2013). For an alternative set of articles published by the Charity Commission (the Commission) see: Articles of association for a charitable company not having a share capital on the Commission website (where a variety of further governing
Q&As
The law of restitution is an area which excites significant academic commentary, but which remains in a state of development in terms of its practical application. Restitutionary claims are founded on the principle that a gain obtained by person A may be subject to a claim by person B in certain circumstances where the gain should instead have benefitted person B. It is therefore distinct from compensatory claims (such as for example in the tort of negligence or for breach of contract). Unjust enrichment is the most common form of restitutionary claim. An example is a payment made by B to A by mistake, or where B has carried out work for A in the expectation of payment but without any contractual entitlement
Q&As
CPR 31.6 outlines the test for standard disclosure, which provides that a party does not have to disclose documents that are or might be 'relevant', but only those documents: • on which they rely • which harm their case • which harm another party's case • which support another party's case However, on occasion, the disclosing party may wish to claim that they have a right or duty to withhold a document, or part of a document, in their list of documents from inspection. If they wish to do so, they must state in writing: • that they have such a right or duty, and • the
Q&As
If the employer makes payments voluntarily without being under any liability to do so, if a third party is the defendant they will not be allowed to set off such payments, because they are due to the benevolence of the employer and fall within the same category as charitable assistance. A claimant is not required to give credit for any charitable