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‘What litigants and lawyers can learn from McCabe v McCabe [2015]

In this note all paragraph references are to the Official Transcript (171 pages).  Lessons.  Facts.  Allegations. State of mind. Witnesses of fact . Experts.  Submissions. Conclusion. Order. ‘Both Dr Ardron and Professor Jacoby agreed that whilst it was for the court to determine the facts, the case appeared to hinge upon whether the decision to disinherit [the younger son] was, or was not, based upon confabulations…In all 1 TEP (www.ihtbar.com), author of The Advocate and Expert in a Testamentary Capacity Claim published in the Expert Witness Journal (Autumn 2015) 2 the circumstances, I conclude that [the testatrix ‘T’] decided to disinherit [her youngest son ‘D’] because she believ

Recent Developments in Housing Law - October 2015

Since 1988, it may be only a small exaggeration to suppose that few questions are asked with such regularity as “is my section 21 notice valid?” Housing lawyers have naturally greeted news of a change to the rules surrounding s.21 (that is, of course, of the Housing Act 1988) with a customary mixture of amusement, delight, incredulity and disdain. In this article, Graeme Kirk considers a number of changes recently introduced in the private (short term) rental sector, including to the s.21 notice. A s.21 notice is the notice required to terminate an Assured Shorthold Tenancy without fault, either at the end of a fixed term or during its open-ended life as a ‘periodic tenancy’. Unlike under th

Iran Sanctions Update - October 2015

Iran Sanctions Relief On Tuesday July 14, 2015, after 22 months of negotiations, the Islamic Republic of Iran and the G5+1 group of countries - the United States, Britain, France, Russia and China plus Germany – together with the EU High Representative for Foreign Affairs finally reached an agreement to end sanctions against Iran. When will Sanctions Relief happen? Following the landmark nuclear deal the Swiss Federal Council officially lifted most of Switzerland’s sanctions against Iran on 12 August 2015. However, before the US and the EU implement meaningful economic and sectoral sanctions relief (including the lifting of the asset freezes against various Iraninan banks and financial entit

Private Law claims under section 138D of the Financial Services and Markets Act 2000

Disputes concerning investments, insurance, mortgages or banking, potentially engage the Financial Services and Markets Act 2000 and a possible liability for, or claim to, damages in private law. Investments, insurance, mortgages and banking are nowadays heavily regulated under the Financial Services and Markets Act 2000 (“FSMA”) and the vast number of statutory instruments made under it. In some circumstances, this regulatory framework permits private law claims for damages. The Regulators There are two regulators established under the FSMA: the Financial Conduct Authority (“FCA”) and the Prudential Regulation Authority (“PRA”). A short pithy description of the difference between them might

The Unreasonble, capricious and harsh? The effect of Illott v Mitson on testamentary disposals

In July there was a great deal of excitement in the press about the case of Ilott v Mitson [2015] EWCA Civ 797. Headlines such as “Your will can be ignored, say judges” (Telegraph) and “Judge rules mother's will can be overturned despite it going against her wishes” (ITV news) may have given the impression that a radical change had been wrought upon testators everywhere by the Court of Appeal. However this is not so. The case is based very much on its facts. Mrs Jackson died in 2004 and left the vast majority of her estate to three animal welfare charities. Her only daughter, Mrs Ilott, was left out of the estate altogether. They were estranged when the daughter was 17 (in 1978) and, despite

CPR Update - October 2015

New rules have been introduced which (for the most part) come into force on the 1st October 2015. Here we look at the key changes, some of which have important implications for litigators dealing with Litigants in Person. EARLY NEUTRAL EVALUATION By virtue of the coming into force of The Civil Procedure (Amendment No.4) Rules 2014 on 1st October 2015 (which were laid before Parliament on the 24th July 2015) there is an important amendment to rule 3.1 (by way of an addition to rule 3.1 (2) (m)) dealing with courts’ general powers of case management. The amendment makes it clear that the courts’ powers now include the ability to order and hear an Early Neutral Evaluation. The rationale for th

Preventing Retaliatory Eviction: A new restriction to section 21 notices

The Deregulation Act 2015 produces a new restriction on the service of section 21 notices. This article considers the application of such provisions, what the new provisions mean, and the exceptions to those provisions. On 1 October 2015, sections 33 and 34 of the Deregulation Act 2015 come into force. The Deregulation Act 2015 makes a raft of changes to Assured Shorthold Tenancies (“AST”), with the provisions contained in section 33 and 34 perhaps the most significant. Headed “Preventing Retaliatory Eviction”, these sections impose new restrictions on the use of a notice pursuant to section 21 of the Housing Act 1988 to recover possession. Application of the New Provisions As important as t

(Not So) Small Claims Costs

Where costs are being claimed under contract in a matter allocated to the small claims track, the court is free to assess these notwithstanding the fixed costs imposed by CPR 27.14. When a client whose case is on the small claims track, asks whether, if successful, they are able to recover their legal costs from the otherside, the answer is usually a rather disappointing, ‘no, not all of your costs’. There then follows an explanation of CPR 27.14(2)(a) and (c) which set out that: ‘The court may not order a party to pay a sum to another party in respect of that other party’s costs, fees and expenses…except – (a) the fixed costs attributable to issuing the claim... (b) any court fees paid by t

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