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INTRODUCTION Fixed costs in personal injury are supposed to be straight forward, avoid the need for time spent on assessment and control the level of costs payable by Defendants. Whilst it usually secures those aims, there are gaps, lacunas, nuances and specific interpretations which any practitioner – be it solicitor, [...] -
CHAPTER TWO – FUNDING CONSIDERATIONS Key differences for young adults transitioning Once a young person turns 16, they are able to claim benefits in their own right. The nature of the benefits may also change, for example from the Disability Living Allowance to the Personal Independence Payment. Universal credit also becomes [...] -
CHAPTER THREE – CIVIL LEGAL AID 3.1 Introduction A comprehensive analysis of civil legal aid is well beyond the scope of this book, but there are a number of key points that should be recognised. The first is that legal aid remains an important option for many forms of civil litigation, [...] -
CHAPTER ONE – THE CONSTRUCTION OF THE SERVICE CHARGE CLAUSE Introduction The drafting of a service charge clause is paramount. Even though residential service charges are subject to statutory controls, the service charge clause still needs to be appropriately drafted. A Court will look at the wording of the lease as [...] -
CHAPTER TWO – TENANCIES WHICH ARE PROTECTED BY THE LTA 1954 Section 23(1) LTA 1954 states that ‘Subject to the provisions of this Act, this Part of this Act applies to any tenancy where the property comprised in the tenancy is or includes premises which are occupied by the tenant [...] -
CHAPTER THREE – THE DIFFERENT TYPES OF CONTEMPT Lord Mansfield CJ said in Morgan v Jones (1773) Lofft 160, 176 “Most of the disputes in the world arise from words.” Not unlike medicine or dentistry, the legal profession and the courts have had their own way of excluding laypeople from understanding the [...] -
CHAPTER ONE – THE INITIAL HEARING Arrest under certified request/warrant Powers of arrest The 2003 Act provides for a range of powers of arrest in order to give effect to extradition requests. In Part 1 cases, the position is relatively straightforward since no domestic arrest warrant is required in order to [...] -
CHAPTER FIVE – MENTAL CAPACITY ACT 2005: THE PRINCIPLES The current legal framework in relation to mental capacity was established by the Mental Capacity Act 2005 (“MCA”). The MCA makes it clear that the definition of lack of capacity and the test of capacity as set out in the MCA [...] -
CHAPTER EIGHT – ARTIFICIAL INTELLIGENCE (AI) IN FINANCIAL SERVICES What is Artificial Intelligence? The financial services sector is being revolutionised by Artificial Intelligence (‘AI’). The ICO has defined AI as ‘the theory and development of computer systems able to perform tasks normally requiring human intelligence’ in their ICO Guidance on AI [...] -
CHAPTER TWO – INCAPACITY AND THE 2000 ACT For the purposes of the 2000 Act, an “adult” is a person who has attained the age of 16 years [1]. The definition of “incapacity” provided in the 2000 Act is to the effect that it: “means incapable of– (a) acting; or [...]