EU

Articles

Stopping the clock

Recent cases on the liability of professional advisers have refined the circumstances where the court will dismiss limitation arguments but additional clarification is still needed, say Fergal Cathie and Simon Schooling

Opinion: where next for mental health?

Providing legal safeguards for detained patients is essential in a civilised society. However, the arrival of fixed fees is making proper representation for these most vulnerable clients all but impossible, says Richard Charlton.

Environmental waste: what's the damage?

Justine Thornton argues that waste disposal contracts for local authorities under public procurement law may have to include the impact of environmental damage

Solicitors conduct under the claims management

In his series on the new claims management regulations Gordon Exall considers their effect on business expenses and the guidance given by the Solicitors Regulatory Authority

Implied parking rights

The decision in Moncrieff v Jamieson is likely to make claims of an implied right to parking more difficult but conveyancers should nevertheless take active steps to exclude them expressly, says Stephen Bickford Smith

Contracting out conflict

Confirmation in an Australian case that fiduciary duties may be contractually avoided could set a precedent for English courts, say Michael Twomey and Eamonn McNamara

Civil litigation brief

Bringing a fatal accident claim as a dependant of a deceased person who settled an earlier personal injury claim can be problematic but not impossible, says Gordon Exall

Owning up

Though fewer mortgage shortfall cases are now being litigated, the process of negotiating a settlement still remains complex, says Daniel Lewis