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"dispute"

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Inheritance disputes and unlawful killing

It is not very often that a forfeiture case is reported, and yet there were two in as many months this spring. The well-established forfeiture rule is a matter of clear public policy and provides that if a person unlawfully kills another they are not able to inherit from their estate.

A guide to disclosure under the disclosure pilot

Disclosure involves identifying and making available documents that are relevant to the issues in dispute to the other parties to the case.

When to use the term 'without prejudice'

We often see ‘without prejudice’ ("WP") on communications between parties in dispute. The suggestion seems to be that adding that banner to a letter might offer some magical protection down the line if the dispute is not resolved. It doesn’t, but a fuller explanation of the principle of without prejudice might be useful.

What is the professional negligence pre-action protocol?

The pre-action protocol encourages an early exchange of information, narrowing of issues and consideration of alternative methods of dispute resolution, with a view to wherever possible promote settlement of disputes without the need to issue court proceedings.

What is contentious probate?

Contentious probate is the umbrella term for any dispute relating to a person's estate after their death.

Will the 'Land Registry Title Plan' identify the correct position of my boundary?

Boundary disputes arise where two or more neighbours disagree upon the position of a boundary line. Often the boundary may be marked with a physical marker such as a fence, hedge or wall and the dispute will relate to the position of that marker, however sometimes there is no physical marker to assist in determining the position of the boundary.

Will disputes; retrospective capacity assessments

Jean Clitheroe had three children, Debra, Susan and John. On 19 December 2009, Debra sadly died of cancer. Jean was, understandably, deeply affected by Debra's illness and death and as Jean put it, "took to her bed" from the day of Debra's death in late 2009. Jean remained bedridden until her death on 11 September 2017.

Top tips on standard disclosure in litigation

Whether your claim is small or large, a professional negligence or breach of contract or share sale dispute or any other litigation claim going through the court system, disclosure of documentary evidence is going to be a key aspect of the dispute.

In court: Partnership agreement at odds with will

The ownership of a farm was at the centre of a dispute between three (of four) siblings after the death of their parents, Mr & Mrs Williams.

Lease renewals – The Jackson Reforms

On 1 April 2013, significant changes to the rules governing civil litigation were introduced. These changes are known as the Jackson reforms and their purpose is to make the costs of civil litigation more proportionate to the issues in dispute.