Legal Features

Articles

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

Update: landlord and tenant

Milton McIntosh considers developments in regard to rent reviews, quiet enjoyment, surrender agreements, repair damages and business tenancies

Owning up

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

Which route to use?

The Protection from Harrassment Act 1997 can provide a framework for applicants that are unable to rely on the Family Law Act 1996, say Michael Salter and Chris Bryden

Information overload

How far must an adviser go to attain a client's informed consent, and does too much information simply lead to the client becoming confused and alarmed, asks Katy Manley

Update: family

Liz Dronfield considers the protection of children from harm and in particular the extension of Family Assistance Orders, interim change of residence, committal proceedings and care proceedings involving parents with severe learning disabilities

The draftsman's tightrope

If restrictive covenants are drafted too widely then they are unenforceable, but if drawn too narrowly they become ineffectual, says Dijen Basu