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The Court is often reluctant to interfere with the relationship between contracting parties. If however there is a mistake in the drafting of a contract, a party can apply to the Court for rectification of that mistake. Rectification is typically...
Section 2 of the Civil Partnerships, Marriages and Deaths (Registration Etc) Act 2019 requires the government to make and bring into force regulations to extend civil partnerships to mixed sex couples by 31 December 2019. Other countries, including South...
The Tenant Fees Act 2019 (“the Act”) came into effect on 1 June 2019. It applies to all new contracts signed after this date and will also apply to any existing tenancies from 1 June 2020. The Act prohibits landlords and agents from...
Where one party to a marriage decides to send their divorce petition to the Court, formally starting those proceedings, this can be an emotionally difficult journey and one which may take some time. Why then would the Petitioner (as they then become known)...
Frustration of a contract occurs where an unforeseen event results in the contract (after it has been created) being physically or commercially impossible to fulfil. If a contract is ‘frustrated’, both parties to the contract are released from...
Passing off: Confusion or Deception A recent case (Glaxo Wellcome UK Ltd v Sandoz Ltd [2019] EWHC 2545 (Ch) (04 October 2019)) has highlighted that protecting your intellectual property at the outset should be a high priority. The Glaxo case...
In recent years there has been a significant increase in the number of people being taken to court for abusing their position of trust as someone’s attorney under a Lasting Power of Attorney (or an old style Enduring Power of Attorney) or failing to...
Emma O’Brien explores the use of Incoterms® in the delivery of goods in commercial contracts. Incoterms® are rules published by the International Chamber of Commerce and can be used to define the responsibilities of both seller and buyer in...
Parental alienation occurs where one parent (whether deliberately or otherwise) turns a child(ren) against the other parent. Children’s reactions and feelings to separating parents are hugely influenced by the adult behaviour to which...
It is estimated that some 180,000 people run away or go missing each year in the UK. When a person goes missing, there are huge emotional and practical implications for his or her family members. A new law which came into effect on 31 July 2019...
