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Monthly Archives: August 2013

Deathbed Gift – Alive And Kicking

Buried deep in the probate text books, but rarely seen in practice is the concept of Donatio Mortis Causa (DMC) – death bed gifts. In order for these to be valid they must be: 1. made in contemplation of death, although this does not have to be imminent. 2. conditional on death. 3. delivered to the […]

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Reseals Of Grants Of Probate

A Grant of Probate is a legal document authorising the Executors to deal with the deceased’s estate. The Grant of Probate is sealed for use in the country in which it was issued. If the deceased lived overseas but also owned assets (for example, property, shares, bank accounts) in the UK it may be necessary […]

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They Seek Him Here… The Seek Him There… Surveillance Cameras

The Protection of Freedoms Act 2012 (Code of Practice for Surveillance Camera Systems and Specification of Relevant Authorities) Order 2013 (SI 2013/1961) (order) has been made and brings into force the surveillance camera code of practice. The code sets out new guidelines for CCTV and automatic number plate recognition, and it is intended to encourage […]

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Injunctions Following Termination Of Employment: Whitmar Vs Gamage And Others

The recent decision in Whitmar Publications Limited -v- (1) David Gamage, (2) Susan Wright, (3) Steve Crawley and (4) Earth Island Publications Limited [2013] EWHC 1881 (Ch) provides guidance as to how the law deals with the respective rights and obligations as between employers and employees at the end of the employment and thereafter. In this particular case, the Claimant former employer, Whitmar Publications Limited, (“Whitmar”) alleged […]

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Conditional Break options In Property Leases: Siemens Vs Friends

Post Scriptum: This decision was reversed on appeal, and the tenant’s break notice declared invalid by reason of its failure to follow the strict wording of the terms of the break clause in the lease, Lord Justice Lewison saying “The clear moral is: if you want to avoid expensive litigation, and the possible loss of […]

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