United Kingdom: Civil Law

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Litigation law, mediation law, and arbitrage law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering civil law, class actions, dispute resolution, libel and defamation and more in relation to litigation, mediation and arbitration.
Article
Public Rights Of Way: Protecting Your Land
Private landowners may unknowingly lose control of their property when members of the public acquire rights of way through continuous use over 20 years, even without the owner's knowledge or consent. This analysis examines the legal mechanisms available to protect against such claims, including the strategic use of section 31(6) statements under the Highways Act 1980, and explores recent Court of Appeal guidance on what constitutes an 'interruption' to public use following the landmark Roxlena Ltd v Rambler
United Kingdom Real Estate
WL
Withers LLP
Article
Sutton And East Surrey Water Plc v Monarch Chemicals Ltd & Muztrans Limited
A Technology and Construction Court case examines whether a haulage company can be held vicariously liable for a driver's negligence when delivering chemicals to a water treatment plant, despite the driver being seconded to and embedded within the client's organization for five years. The judgment explores the boundaries of dual vicarious liability and the enforceability of standard road haulage contract terms.
United Kingdom Litigation
FE
Fenwick Elliott LLP
Article
Everything Forever All At Once – But Not Always: Webb And Hussain V Eversholt Rail Limited And Norton Rose Fulbright LLP.
The High Court of England & Wales recently examined the scope of liquidators' powers to request documents from related parties under the Insolvency Act 1986. When liquidators sought an 'everything forever' order requiring a sister company to produce all documents relating to the company in liquidation, the court had to balance the statutory duty to cooperate against the principle of proportionality and reasonable necessity.
United Kingdom Insolvency
Sa
Shepherd and Wedderburn LLP
Article
Lights, Camera, Attestation: The Role Of Video Recordings In Will Challenge Cases
Recent case law demonstrates the powerful role that video recordings can play in will disputes, particularly when challenging claims of lack of knowledge and approval or undue influence. The decision in Patel v O'Sullivan provides fresh guidance on how courts assess contemporaneous video evidence of testators, revealing what makes such recordings compelling and what factors may diminish their probative value.
United Kingdom Family
M
Macfarlanes LLP
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