“We rely on LexisNexis to give us a definitive answer, quickly and reliable every time so that we can be confident in the advice we use to help our clients.”
ShelterAccess all documents on Purge
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...
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...
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...