239 articles over 48 pages
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Battle of the Forms Update – The Next Round
05 November 2010Liane Bylett examines the implications for businesses of the decision in GHSP Inc v AB Electronic Ltd [2010], in which the Court indicated that it will not always follow the “last shot” principle when deciding whose contract terms prevail in “battle of the forms” cases.
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The winter of our pre-nuptial agreement
21 October 2010The case of Radmacher v Granatino is in the news once again. As a consequence of today’s decision (20 October 2010) couples in this country can, arguably for the first time, enter into a marriage secure in the knowledge that a properly drafted Pre-Nuptial Agreement may prevent their having to attend Court in the unfortunate event that the marriage fails.
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At what point is legal capacity required?
21 October 2010The Court of Appeal has recently upheld an 1833 case in respect of testamentary capacity.
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How Prudent is Reasonably Prudent?
21 October 2010The Court of Appeal has recently had to ask itself this question in a case involving a cyclist who emerged from a driveway without looking into the path of an oncoming lorry.
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Should children be heard?
21 October 2010In family cases, there has always been a presumption against a child giving evidence to the Court and this would only happen in exceptional circumstances.