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The Layman's Note - Explaining Court Judgements

Legal judgments are often complex and filled with archaic language, making them difficult for non-lawyers to understand. In a 2015 article, the idea of adding a plain English summary to court judgments was proposed to bridge this gap. Today, with the rise of AI, this concept is more achievable than ever. AI could generate layman-friendly summaries, which judges could then review and approve - enhancing accessibility and public understanding of the law.

How to make or amend a will during the Coronavirus (COVID-19) lockdown

In English law, to make a valid will, a testator must have their signature to it witnessed by two adult independent witnesses. The current social distancing measures together with self-isolation to protect the particularly elderly and vulnerable, therefore present a challenge for private client practitioners: how do we ensure that wills are valid when we can’t stand within 2 metres of one another?

Changes to consent to medical treatment

Following the Supreme Court decision in Montgomery v Lanarkshire Health Board (2015) the law relating to informed consent has been redefined. Before the change, it was down to the clinician to decide how much information to give a patient (providing that decision would be considered reasonable by a responsible body of medical opinion, the Bolam test). Post Montgomery, clinicians must ensure that their patient is fully informed about any potential risks to the proposed treatment, and of any alternative treatment options.

Alternative dispute resolution – making justice more accessible

A recent case about invasive Japanese knotweed has changed the way in which alternative dispute resolution (ADR) is handled. Following the case, relevant parts of the law that previous only allowed courts to encourage ADR have been formally amended, and from October 2024 judges will be able to stop court proceedings and compel parties to engage in ADR.

Reforming the Landlord/Tenant Relationship

Considerable column inches have already been devoted to the introduction of The Renters (Reform) Bill with many commentators lamenting that it will hasten the demise of the private landlord. Hailed as the biggest overhaul of residential tenancy law for over thirty years, it seeks to address perceived inequalities in the landlord/tenant relationship.

Claiming your right: An introduction to Adverse Possession

Adverse possession allows an individual to gain legal ownership of a property by occupying it, without the original owner’s permission, for an extended period. The Land Registration Act 2002 gave landowners a little more control over their properties than they had previously but, as adverse possession is a complex area of property law, advice should be sought from a lawyer with appropriate experience.

Ilott v The Blue Cross and others

The long-awaited decision in this case was handed down by the Supreme Court on 15 March 2017. Unfortunately, it does not provide any of us with the guidance that we had so hoped for and indeed the Supreme Court identify in their judgement “the unsatisfactory state of the present law”. So has this case really been the landmark that it was heralded to be?

Pre and post-nuptial agreements

In the realm of family law, couples often find themselves contemplating the necessity of pre and post-nuptial agreements. While such legal documents may not be the most romantic aspect of a relationship, they play a crucial role in providing clarity, security, and peace of mind for both parties involved. This article will explore the significance of these agreements and how they can safeguard interests in the event of a marital breakdown.

A cautionary tale of constructive dismissal

It is notoriously difficult for claimants to succeed in a claim of constructive dismissal because the claimant must first demonstrate that their employer’s action (the respondent) amounted to a breach of the implied duty of mutual trust and confidence.

Lessons from Dale Vince: Key Insights for Divorce Practitioners

A recent High Court ruling ordered green energy entrepreneur Dale Vince to pay his ex-wife, Kate Vince, over £40 million following their divorce. The judgment requires Mr. Vince to make three payments totalling £43.51 million, with the first due by 30 April 2025. This case highlights several key lessons for family law practitioners: