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Worked examples are an integral part of a contract

It is often the case that in contracts setting out the calculations governing various financial charges, the narrative within the body of the contract setting out such details are illustrated by the inclusion of worked examples in the appendices. Problems arise when the outcome of the calculations differ significantly between the worked examples and the narrative as a recent case demonstrated.

A guide to disclosure

A party to litigation has a duty to disclose certain documents that relate to the issues in the litigation and will be asked to sign a declaration to confirm that they understand their disclosure duties and that those duties have been complied with.

2019 Inheritance Act 1975 case round up

2019 has also seen some interesting developments in the context of Inheritance (Provision for Family and Dependants) Act 1975 proceedings.

Pursuing claims against defendants where there are doubts about their mental health

When considering bringing a claim there are a number of questions that must be answered, not least whether the defendant is capable of complying with the remedy that is being sought.

When I want to make a claim against my legal expense insurance, do I need to use one of the insurer’s panel solicitors?

You may be surprised to hear that if you want to use any legal expenses insurance cover to help you fund a legal case, the insurer cannot force you to use a solicitor of their choice.

Declaration of Trust by individuals as Tenants in Common – why is it necessary?

A declaration of trust is a legal document that can be used by tenants in common to establish and clarify their respective interests in a property. In a tenants in common arrangement, multiple individuals own a property together, with each person having a distinct share or percentage of ownership.

Natural justice and adjudication

When a party loses in adjudication, it has to decide whether to comply with the adjudicator’s decision, which often involves paying money to the other side.

Expert evidence when challenging a will on the grounds of lack of mental capacity

One of the grounds for challenging a will is that the deceased did not have the requisite mental capacity when the will was made. Ultimately the focus of the court is to ensure that the will genuinely represents the deceased’s wishes.

The perils of not having a signed contract

A written contract can be in the form of standard terms, which do not need to be signed, or terms which are signed by each party to indicate that they agree those terms. Here we consider a contract that is intended to be signed by the parties but never is.

Professional negligence claims causation

Solicitors negligence; but would you have done anything different?