All articles by Caroline Shea, Falcon Chambers
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Professional
Termination or surrender?
Landlord and tenant This January, the House of Lords stepped in to clarify an important difference between a surrender of a tenancy, and determination of a tenancy by notice to quit – and the effect on sub-tenants in either case.
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Professional
Court's expert expectations
Legal Since the introduction of the Civil Procedure Rules, it has become imperative for expert witnesses to adhere to strict standards.
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Professional
When statute meets equity
Legal This report examines the first case that tests whether section 2 of the Law of Property Act 1989 negates an oral conveyancing agreement that would otherwise be valid under the doctrine of proprietary estoppel
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Professional
If the cap fits, how much will it cost?
Quantifying lenders' damages Valuers' maximum liability was capped in South Australia Asset Management Corporation v York Montagu (SAAMCO) However, Platform Home Loans v Oyston tips the scales slightly back in the lender's favour
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Professional
Making hearsay into admissible evidence
Hearsay and the expert's view The Civil Evidence Act 1995 made hearsay admissible in civil proceedings, thus allowing an expert witness to refer to information acquired from professional sources However, hearsay is not admissible evidence in criminal courts, where an expert witness's opinion must still be proved ...