Insights: Legal Updates - March 2014

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"All days are nights...till I see thee"

Teresa Cullen |

On 1 April 2014 Japan will formally accede to the Hague Convention on Civil Aspects of International Child Abduction. The Japanese parliament approved the ratification of the Convention on Friday 24 January 2014, having been subject to significant international pressure from the other 90 countries around the world who are already signatories. The Convention sets […]


The arrival of same-sex marriage in England & Wales

Teresa Cullen |

As from 29 March 2014 a new law in England and Wales will recognise same-sex weddings. It allows same-sex couples to marry and for that marriage to have the same effect as it has in relation to opposite-sex couples. Scotland and Northern Ireland will not be included under the terms of this legislation. Scotland passed […]


Do I have to accept an executorship?

Helena Luckhurst |

A good friend (or client) of yours has sadly passed away and has named you as an executor of his Will. What do you do now? Must you act? It is always flattering to be trusted with such a responsible role. In some respects, you may feel morally obligated to act. However, it is always […]


BIM A Year On: Progress Embraced?

David Weare |

To improve is to change; to be perfect is to change often, or so said the nation’s favourite Briton, Sir Winston Churchill. Advances in computer technology have dramatically changed the way we work and live. However, technologies in construction have fallen behind other industries. This may be because, unlike manufacturing, construction operations are rarely performed […]


Summary judgments: 'realistic prospects' revisited

Sophia Purkis |

Sophia Purkis sets out the test for a successful application, following the Ticketus ruling Summary judgment applications are an established tool to seek determination of suitable claims relatively quickly. The case of Ticketus LLP and another v Whyteand Ors [2013] EWHC 4069 (Ch) recently provided a helpful synopsis of what must be demonstrated to stand […]


IP for Architects

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Whilst not forgetting that today is the “good old days” that we shall all look back to in a few years’ time, in the real good old days protection of the intellectual property in an architect’s designs was relatively simple. The client’s licence to use the designs did not arise until a certain stage of […]


"With 33.5% of my worldly goods I thee endow…" (Part II)

Teresa Cullen |

As was widely reported in the press the Law Commission’s report Matrimonial Property Needs and Agreements proposed that pre-nuptial agreements should be enshrined in law. At the moment pre nuptial agreements in England and Wales are not binding on the court, although they can be taken into consideration by the judge. Our cousins north of […]


Trusts and the EU's Fourth Money Laundering Directive

Helena Luckhurst |

It is rare for trusts to cause a rumpus. However, the European Commission’s latest draft EU Money Laundering Directive has put trusts in the spotlight and resulted in some alarming press reports. So what’s going on and who will be affected by the changes proposed by the Directive? Article 30 of the draft Directive requires […]


Party walls

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You wait years for some case law on the Party Wall etc. Act 1996 and then several come along at once. Most disputes relating to works to party walls are resolved between the party wall surveyors themselves or occasionally with the assistance of a third surveyor. All of these decisions remain confidential. Where the dispute […]


Settling unopposed lease renewals: tricks and traps

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Calderbank offers give more flexibility than Part 36 offers which may be useful in an unopposed lease renewal context, particularly where the parties have referred any outstanding issues to PACT. Parties to unopposed lease renewal proceedings who wish to make offers to settle need to be aware that separate settlement offers may need to be […]


‘How should we respond to a flexible working request?'

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A female member of staff has submitted a request for flexible working to spend more time with her five-year-old son. As a young but fast-growing business it is the first one we have ever had and, to be honest, I am not quite sure how to approach it. What are we expected to do? What […]