Many of the most vulnerable members of society lack the mental capacity required to consent to being vaccinated against COVID-19. As a Court of Protection case showed , that fact can give rise to formidable legal difficulties. The case concerned a care...
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Every internet user has had the experience of mechanically scrolling through densely typed terms and conditions before being granted access to a website – but are they worth anything in law? The High Court tackled that issue in confirming an online...
It is sadly true that bankruptcy proceedings are sometimes used by perfectly solvent individuals for purposes other than seeking to satisfy their creditors or manage their debts. However, as a High Court case showed, alleging such conduct is one thing and...
Trusts are delicate and often complex legal instruments and any flaws in the wording of documents relating to them can have grave tax and other consequences. As a High Court case showed , however, inadvertent drafting errors can be corrected. The case...
Strict contractual rights, no matter how clearly defined, may be impliedly waived by conduct. That principle came under High Court analysis in a dispute concerning stalled plans for the construction of a space age engine testing centre. Trustees of a unit...
When making your will, it is vital to remember those who have a right to look to you for financial support. As a High Court case showed, a failure to meet your duties to your dependants is highly likely to trigger a costly dispute – and ultimately...
Many commercial tenants who are experiencing cash-flow crises due to the COVID-19 pandemic have been constrained to stop paying rent and are racing to restructure their debts – but where does that leave their landlords? The High Court squarely...
If you are purchasing a property with a partner, friend, family member or anyone else, your solicitor is bound to ask you whether you intend to own it as joint tenants or tenants in common. A High Court case showed why that is likely to be one of the most...
The advent of the internet means that spotless professional reputations, built up over decades, can be traduced at the click of a button. As one case showed, however, if you are on the receiving end of such treatment, you don't have to take it lying down. ...
The legal concept of habitual residence is a notoriously slippery one, but the ease of global travel has rendered it ever more important in the field of family law. The point was powerfully made by the case of an orphaned schoolgirl who was born in Britain...
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