Legal Features

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Update: personal injury

Vijay Ganapathy reviews the latest cases on CFAs and assessing the risk of success, when it is appropriate to depart from the “but for” test, the difficulty in appealing first instance decisions, and reversing the burden of proof

A dead cert… or a nuisance?

The risks for developers of nuisance claims being brought could lead to more serious consequences than simply paying out compensation, says Gordon Wignall

More useful than you'd think

Landlords should be more confident to point to “substantial breaches” of a tenancy agreement when refusing to renew a lease, says John Martin

North East still rocks

Law firms in the North East may be on average smaller than their counterparts in other parts of Britain but are equally apt at tackling the downturn. Jean-Yves Gilg reports

Out with the old

The legislation on age discrimination sits uncomfortably alongside today's economic troubles, while the legitimacy of forced retirement remains a vexed question for employers and employees alike, says Schona Jolly

The Empire strikes back

Setting an upper limit on costs in defamation cases would amount to defendants getting unjustified special privileges over claimants, says Gideon Benaim

Last throw of the dice

The final judgment in Mubarak has resolved the debate over variation of Jersey trusts but this is not the end of the story for principle of comity, says Emma Jordan

Your wish is my command

Earlier this month the High Court took a radical new approach to the determination of 'best interests' under the Mental Capacity Act 2005 but will the outcome in individual cases be so different, asks Barbara Rich