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New squatting law welcome, but does it go far enough?

Squatting in a residential building in England and Wales becomes a criminal offence on 1 September 2012. A leading South West lawyer has welcomed the news, but feels that its impact will not be felt fully in the South West, …

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COMMENT

Changing the Fact Finding

The Court regularly has to determine whether events alleged to have occurred happened or not. This is by a process of what is known as a fact finding hearing. The Court will hear evidence and in family law proceedings make …

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COMMENT

Residential Property Tribunal and pitch fee reviews – an update

Almost all residential park owners review the pitch fee each year in line with the change in RPI (Retail Price Index).  Provided a valid pitch fee review letter has been served there is a presumption that the pitch fee will …

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COMMENT

Small businesses urged to review interest rate swaps

Leading South West law firm Stephens Scown LLP is urging small businesses with interest rate swaps to take the initiative, following a review by the Financial Services Authority (FSA). Earlier this summer the FSA announced that it had reached an …

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COMMENT

Removing the Guardian

The role of a guardian in both public and private law Children Act court proceedings can be absolutely crucial. The role of the guardian is to advise the court from an independent child-focused perspective as to what is in the …

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COMMENT

Qualifed privilege

In the recent defamation case of Thour v The Royal Free Hampstead NHS Trust (2012) the Court considered the defence of qualified privilege.   The claimant, Mr Thour, had previously been employed by an NHS trust and subsequently applied to a …

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COMMENT

Caselaw – Telchadder v Wickland (Holdings) Limited – Part III

Kirstie continues her analysis of the Telchadder case, examining the grounds of appeal and the thought process adopted by the Court of Appeal.   Observations The Court of Appeal has given useful guidance to park owners on the contents of Notices …

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COMMENT

Truro planning team strengthened with two appointments

Leading legal firm Stephens Scown LLP has strengthened its successful planning team in Truro with the appointment of two new planning lawyers. Kirstie Apps and Chris Tofts (both pictured) join the Westcountry legal firm as Associates.  Chris Tofts joins Stephens …

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COMMENT

Caselaw – Telchadder v Wickland (Holdings) Limited – Part II

Kirstie continues her analysis of the Telchadder case, examining the grounds of appeal and the thought process adopted by the Court of Appeal.    Grounds of Appeal Mr Telchadder appealed on the grounds that: The notice of breach relied upon …

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COMMENT

Top 5 Shareholders’ Agreement Questions

What is a shareholders’ agreement? A shareholders’ agreement is an agreement entered into by the shareholders of a company (and sometimes the company itself) which sets out the terms of how the company will be managed and the rights and …

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COMMENT