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CHAPTER ONE – THE SOURCES, TYPES AND SCOPE OF SUMMARY CAUSE PROCEDURE The procedure is to be found in various repositories. These are as follows; The primary legislation which is the foundation of the modern summary cause is Section 35 of the Sheriff Courts (Scotland) Act 1971. It specifically abolished the [...] -
CHAPTER ONE – THE EMERGENCE OF VULNERABILITY IN CIVIL JUSTICE The Growing Recognition of Vulnerability in Civil Justice The modern civil justice system is founded upon a simple proposition: that all parties should have a fair opportunity to participate in legal proceedings and present their case before an independent tribunal. For [...] -
CHAPTER ONE – WHAT IS INTERIM RELIEF? Interim relief is an unusual, emergency remedy, available to employees who allege that they have been unfairly dismissed for certain prohibited reasons which have a wider public interest at their heart. The most common type of application for interim relief is one where an [...] -
CHAPTER ONE – THE LICENSING ACT 2003 The Act was brought into force on the 24th November 2005. The Act fundamentally altered the way the licencing of premises was administered and enforced, and upon enactment it passed decision-making powers in licensing from Magistrates’ Courts to local authorities in England and Wales. [...] -
CHAPTER ONE – INTRODUCTION Introduction This book offers a practical and accessible guide for practitioners navigating the increasingly complex interaction between mental capacity law and cross‑border issues. It will only consider the position with regard to adults. As international mobility grows and families, assets and care arrangements extend beyond national boundaries, [...] -
CHAPTER TWO – THE INTRODUCTION TO AND THE GENERAL MEANING OF JURISDICTION The term jurisdiction is a term which is often used by lawyers and appears a deceptively simple term. Whilst overlapping, a particular clear distinction must be drawn between two uses of the term as set out below. The first [...] -
CHAPTER TWO – CONDUCT OF ELDERLY FRAUD CASES TIP An important fact to keep in mind is that Elderly Fraud case have a number of unique characteristics which we will cover below. One of the most important skills you can possess as a lawyer is an ability to detach yourself, obtain [...] -
CHAPTER TWO – WHAT ACTIONS CAN BE BROUGHT BY THE MCA? The ocean covers approximately 70% of the surface of the planet so it is unsurprising that a number of incidents can occur at sea. The most common issues that occur are as follows: Acts of pollution; Collisions; Unsafe operations leading [...] -
FREE CHAPTER from ‘A Practical Guide to Managing Conflicts of Interest in Law Firms’ by Mandy Hargun
CHAPTER ONE – THE SRA’S TWO CONFLICTS THAT MATTER AND WHY LAWYERS STILL CONFUSE THEM The SRA Code of Conduct (“Code”) does not treat all “conflicts” as equal. Nor does it prohibit solicitors from acting simply because a dispute may be contentious, or may involve overlapping relationships between directors, shareholders, and [...] -
CHAPTER TWO – PRE-ACTION PROTOCOL FOR HOUSING CLAIMS (ENGLAND) “PAP” Housing disrepair claims often give rise to disputes about notice, disclosure, delay and scope of works. The PAP sets out how these claims should be conducted. Aims of the Protocol It is important to consider the PAP in the context of [...]