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Purge meaning

What does Purge mean?
In legal practice, to purge means to eliminate the legal consequences of a default or wrongdoing by putting matters right—typically by complying with an obligation, paying arrears, or otherwise remedying the breach. The expression is descriptive and its effect depends on context and case law. Across England & Wales, Scotland, Northern Ireland and Ireland, the common usage is to purge contempt of court: a contemnor may comply with the order, make full disclosure, pay any sums due and/or apologise, which can lead to discharge of committal, remission of a fine or mitigation of sanction. In Scots law, purge is also used in the lease context: to purge an irritancy means to clear the irritancy by paying arrears or remedying the failure that gave rise to it, and the tenant may seek relief from irritancy under statute and case law. In landlord and tenant law in England & Wales, Northern Ireland and Ireland, the analogous concept is relief from forfeiture; “purge” is not the technical term, though remedying breach and paying arrears are central to obtaining relief. Usage is otherwise broadly consistent across the jurisdictions.
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NEWS
Oliver v Oliver: 2015 Will set aside for lack of testamentary capacity and undue influence; due execution challenge failed; 2009 Will reconstituted and admitted to probate (England and Wales)

Oliver v Oliver [2024] EWHC 2289 (Ch) What are the practical implications of this case? This judgment stands as an uncommon instance of a Will being set aside for both want of testamentary capacity and undue influence despite professional preparation, the court having the testator’s recorded instructions, and a certificate obtained from the testator’s GP. It merits close reading for its survey of authority and its demonstration of the application of legal principles in real cases, including where a defendant declines to engage with the proceedings. The court concluded that William lacked testamentary capacity after a detailed evaluation of his medical notes (including a post-mortem), expert opinion from a Consultant in Old Age Psychiatry, and witness evidence. Although a determination on undue influence was not required, the reasoning still provides a helpful illustration of a successful claim. Jane adduced substantial material evidencing Rodney’s domination of William, which encompassed restricting his contact with other relatives and influencing his medical treatment. Rodney induced William to cease his prescribed treatment and instead...

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NEWS
Information law highlights: CJEU GDPR erasure orders; Worldcoin biometric enforcement; ICO age‑assurance Opinion; Cabinet Office AI procurement guidance; practice updates and deed‑witnessing Q&A

In this issue: Data protection Public sector information Daily and weekly news alerts New and updated content Latest Q&A Data protection An obligation to erase personal data without a data subject request—the Court of Justice’s interpretation of Article 58 of the EU GDPR (Újpest administration v NAIH) In Budapest Főváros IV Kerület Újpest Önkormányzat Polgármesteri Hivatala v Nemzeti Adatvédelmi és Információszabadság Hatóság, the Court of Justice held that national supervisory authorities are empowered to require controllers to erase personal data processed unlawfully, even where no express request has been made by the data subject. The Court further clarified that, if processing is unlawful, a supervisory authority may instruct erasure whether the controller obtained the information directly from individuals or via third parties. The decision may have a material effect on future data-driven products and services: organisations may not only face substantial penalties but could also be compelled to purge valuable datasets that infringe the EU’s General Data Protection...

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PRACTICE NOTES
Scots Property Law Glossary: Key Terms with England and Wales Equivalents, Registers, Land Registration and Conveyancing Practice

This glossary outlines commonly used terms and phrases in Scottish property law, together with the closest England and Wales equivalents (where appropriate), and signposts guidance on differences between Scottish property transactions and law, as well as useful property-related websites. A non domino disposition Meaning A disposition granted by someone with no title to the property. Formerly, this could regularise a defective title where, after registering a non domino disposition, the grantee possessed the property openly, peaceably and without judicial interruption for ten years. Since 8 December 2014, with the commencement of the Land Registration etc (Scotland) Act 2012 (LRE(S)A 2012), a party seeking to obtain title to land where no owner can be traced must comply with the prescriptive claimant provisions in LRE(S)A 2012, ss 43–45 before submitting an a non domino disposition for registration. Nearest English equivalent None, although possessory title is similar. Action of specific implement Meaning A court action seeking an order compelling a party to perform a specified...

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