“What I spend on my yearly subscription, equals to a day's billable hours for me not to mention time efficiency and peace of mind.”
Jai SternAccess all documents on LR
Checklist This Checklist summarises the potential claims against a defendant where the claimant in a personal injury case has died before trial. It reviews the principal statutory regimes—the Law Reform (Miscellaneous Provisions) Act 1934 (LR(MP)A 1934) and the Fatal Accidents Act 1976 (FAA 1976)—and indicates who may bring the claim and the recoverable heads of loss. For further guidance, see Practice Notes: Law Reform Act or Fatal Accidents Act? and Claims involving a fatality—heads of damage... Cause of action Claim on behalf of the deceased’s estate (under LR(MP)A 1934) Who can bring the claim? By the administrator or executor of the estate. A valid will or Grant of Letters of Administration will be required... Heads of loss Guidance on the recoverable heads of loss is provided by LR(MP)A 1934 and FAA 1976 and in the referenced Practice Notes...
In this issue: Children's social care Public procurement Social housing Governance Social care Local government finance Education Healthcare Planning Daily and weekly news alerts New and updated content Latest Q&A Children's social care Supreme Court dismisses appeal upholding care order procedures (The Father v Worcestershire CC) In The Father v Worcestershire County Council [2025] UKSC 1, the Supreme Court rejected the father’s challenge to the care order that placed his children with foster carers. He had applied for a writ of habeas corpus, asserting the order was made without jurisdiction and that the children were unlawfully deprived of their liberty. The Court of Appeal had already refused his bid, indicating that any objection to a care order must be pursued using the mechanisms in the Children Act 1989 and the Family Procedure Rules, not via habeas corpus. The Supreme Court endorsed that approach, noting the children were not detained but living...
Keating (as Administrator of the Estate and on behalf of the dependants of Geraldine Mary Catherine Theresa Birtles) v Abdisalan and another [2025] EWHC 1926 (KB) What are the practical implications of this case? A bereavement claim cannot be advanced by an estate: section 1A of the Law Reform (Miscellaneous Provisions) Act 1934 bars it on statutory grounds. Pressing such a plea hands the defendant victory and exposes the claimant to adverse costs. A dependency claim is more nuanced but, on these facts, is likewise unavailable. The decisive enquiry is whether the claimant has, or will, actually suffer the loss. If death occurs before that loss arises—even where the same negligence caused the fatal accident—the hypothetical, projected loss that would have been experienced had they lived is not recoverable. Although the court wrestled more with the legal analysis on dependency, that outcome appears less morally contentious. Accordingly, representatives should not pursue bereavement claims, and recognise that dependency losses require actual, not imagined, deprivation...
Leonard and others v Leonard (by her litigation friend Sharon Thompsett) and others [2024] EWHC 321 (Ch) What are the practical implications of this case? Banks v Goodfellow The common law test for testamentary capacity is well recognised by litigators practising in this area. Under Banks v Goodfellow (1869-70) LR 5 QB 549, a testator has capacity only if they can satisfy the following: be capable of understanding the nature and effect of making a Will be able to understand the extent and value of the property or estate they are disposing of be able to comprehend and properly weigh the claims to which they ought to give effect have no disorder of the mind that distorts their sense of right or prevents the natural exercise of their faculties when disposing of property by Will The judge held that the first limb requires consideration of the provisions of the particular Will in question (relying on Hughes v Pritchard...
Elements of a fatal accident claim There are two strands to a fatal accident claim: Law Reform (Miscellaneous Provisions) Act 1934 (LR(MP)A 1934) allows the deceased’s estate to bring claims for: pain and suffering in the period between injury and death (see ‘Pain, suffering and loss of amenity (PSLA) pre-death’) any financial loss the deceased incurred from the accident date up to death funeral expenses, where these were paid by the estate Fatal Accidents Act 1976 (FAA 1976), as amended, enables dependants to claim for: their losses, including: financial support previously provided by the deceased dependence on the deceased’s services the ‘intangible’ benefits of a spouse/parent—see Practice Note: Quantifying damages for dependants—past losses—services—Additional award for ‘intangible’ loss of services provided by a partner/parent) funeral costs if met by the dependants...
ARCHIVED: This Practice Note has been archived and is not maintained. A significant restructuring of the UK listing regime came into effect on 29 July 2024, removing the premium and standard listing segments and establishing a single listing category covering equity shares issued by commercial companies. That commercial companies category is highly disclosure-driven, and it operates alongside other categories, including shell companies, secondary listings, and closed-ended investment fund categories. To give effect to these changes, the UK Listing Rules sourcebook came into force, while the previous Listing Rules sourcebook was revoked. For further information and context, see Practice Note: Reform of the UK listing regime—fundamentals. This Resource Note describes the regime as it stood before 29 July 2024 and is retained solely for reference purposes. It signposts relevant commentary, analysis and resources designed to help with interpreting, and to provide practical guidance on applying, Chapter 2 of the former Listing Rules that were in force prior to 29 July 2024...
ARCHIVED: This Practice Note has been archived and is not maintained. On 29 July 2024, a major overhaul of the UK listing framework took effect, abolishing the premium and standard segments and introducing a single category for equity shares of commercial companies, alongside additional categories defined by company and security type. To give effect to these reforms, a new UK Listing Rules sourcebook came into force to implement the changes, and the previous Listing Rules sourcebook was revoked. For more detail, see Practice Note: Reform of the UK listing regime—fundamentals. This Practice Note describes the regime as it stood before 29 July 2024 and has been retained for reference purposes. The Listing Principles (Listing Principles) and the Premium Listing Principles (Premium Listing Principles) (together, the Principles) are set out in Chapter 7 of the Listing Rules (LR) published by the Financial Conduct Authority (FCA). The Principles overarch the LR, the Disclosure Guidance and Transparency Rules (DTR), together with the corporate governance rules, and, as with other provisions of the...
Schedule of loss & dependency in a fatal accident claim [ IN THE COUNTY COURT AT [ INSERT ] OR IN THE HIGH COURT OF JUSTICE ] [ [ Specify division ] ] [ [ Insert location ] DISTRICT REGISTRY ] Claim No: Between AB, Claimant (the Widow and Executrix of the estate of A, deceased) and C Limited, Defendant Note On 2 December 2024 the Lord Chancellor confirmed that the discount rate would move to a positive 0.5%. That positive 0.5% rate takes effect from 11 January 2025. Under Schedule A1 to the Damages Act 1996, later reviews must occur within five years of the end of the previous review, meaning the next review must begin on or before 2 December 2029. The Claimant retains the right to revise, modify or supplement this schedule at any time up to and including trial...
The continuing enforceability of the right of access After the A Land is first registered, whether a right of access remains enforceable hinges on the date when the title to the A Land was first entered on the register. If that initial registration occurred before 13 October 2003, the Land Registration Act 1925, ss 5 and 9 (LRA 1925), provided that the first proprietor of the A Land took the estate subject to any overriding interests that already affected the A Land...
Easements—generally An easement is an intangible right enjoyed by the holder of a legal estate (dominant tenement) over land owned by another person (servient tenement), and it binds successors in title also. Easements are commonly positive, granting the dominant proprietor permission to go onto or use the servient land in some manner (e.g. a right of way). They may, however, be negative, as such restraining activities on the servient land and thereby conferring upon the dominant owner a right to receive something from that land (e.g. a right to light)...