Kate McLean

COMPETITION TIME 🎁🎉 Lawyers don't just win cases - sometimes they win a t-shirt too 😉⚖️ Enter here: https://lnkd.in/eQekpTk8 We will deliver the “verdict” to the successful “applicant” on the 30th of August 2024. The Law of Laughing Team #lawyer #legal #law #legalteam #attorney #lawfirm #win #inhousecounsel #giveawayalert #lawstudents

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In the context of financial issues arising from divorce, a consent order sets out the financial settlement that has been agreed. Why are they important? Jasmine D., paralegal in our Family Law team, explains 👇 https://lnkd.in/emeUcyNF #FamilyLaw #ConsentOrder #DivorceSupport

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CONVEYANCING TIP OF THE WEEK It often happens that immovable property maybe have been registered in the name of both spouses who have subsequently divorced. In an uncontested divorce, the parties will conclude a settlement agreement whereby the proprietary consequences of the marriage are dealt with.  Transfer pursuant to a divorce order is effected in terms of Section 45 of the Deeds Registries Act. If there is a bond on the immovable property, the bond will also be endorsed to reflect the substitution of the debtor under the bond.  No transfer duty is payable on the transaction. Mooney Ford Attorneys  www.mfp.co.za #lawfirm #conveyancing #conveyancingattorney #litigationlawyer #labourlaw #duranlawfirm #property #practicingwithpurpose 

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LOVE YOUR LAWYER DAY is one of our favourite days at CooperBurnett LLP! We are proud of how much our clients love us - here's what some of them have said: https://lnkd.in/esmHUU4R #casestudies #teamcb #loveyourlawyerday

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Discover how F4LPlus can transform your legal practice. Our platform simplifies lead generation and connects you with pre-qualified clients looking for Wills & Probate and Conveyancing services. Targeted Leads: Choose the types of enquiries you want. High ROI: Only pay for leads you’re shortlisted for. Easy Management: Control your profile and quotes. Join the growing number of firms benefiting from our innovative approach. Learn more: https://lnkd.in/e32_SqEH #LegalMarketing #F4LPlus #LeadGeneration #First4Lawyers

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CONVEYANCING TIP OF THE WEEK An agreement of sale may sometimes lapse if the suspensive conditions contained therein have not been timeously fulfilled. A suspensive condition cannot therefore be waived or extended subsequent to its expiry date. The agreement cannot be revived by way of an addendum signed by the parties.  It is therefore necessary for the parties to enter into a new agreement. The new agreement can be on the same terms and conditions as the original agreement provided the suspensive condition has been amended. An agreement cannot be revived without amendments as it would automatically self-destruct as a result of the non-fulfilment of the condition that brought about its demise in the first place. Mooney Ford Attorneys  www.mfp.co.za #lawfirm #conveyancing #conveyancingattorney #litigationlawyer #labourlaw #duranlawfirm #property #practicingwithpurpose 

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𝐓𝐞𝐜𝐡𝐧𝐢𝐜𝐚𝐥 𝐌𝐢𝐬𝐡𝐚𝐩𝐬 𝐢𝐧 𝐂𝐢𝐯𝐢𝐥 𝐋𝐢𝐭𝐢𝐠𝐚𝐭𝐢𝐨𝐧 𝐭𝐨 𝐀𝐯𝐨𝐢𝐝 (𝐭𝐡𝐨𝐮𝐠𝐡 𝐦𝐚𝐲 𝐧𝐨𝐭 𝐛𝐞 𝐟𝐚𝐭𝐚𝐥): 1. 𝐖𝐫𝐨𝐧𝐠 𝐦𝐨𝐝𝐞 𝐨𝐟 𝐚𝐩𝐩𝐥𝐢𝐜𝐚𝐭𝐢𝐨𝐧 - for e.g., SIC (instead of NOA) in bankruptcy. 2. 𝐅𝐢𝐥𝐢𝐧𝐠 𝐨𝐟 𝐀𝐈𝐒 𝐩𝐫𝐢𝐨𝐫 𝐭𝐨 𝐭𝐡𝐞 𝐩𝐫𝐨𝐩𝐞𝐫 𝐚𝐩𝐩𝐥𝐢𝐜𝐚𝐭𝐢𝐨𝐧 - to file the proper application before the AIS 3. 𝐈𝐧𝐬𝐮𝐟𝐟𝐢𝐜𝐢𝐞𝐧𝐭 𝐜𝐢𝐭𝐚𝐭𝐢𝐨𝐧 𝐨𝐟 𝐩𝐫𝐨𝐯𝐢𝐬𝐢𝐨𝐧𝐬 𝐨𝐟 𝐥𝐚𝐰 𝐢𝐧 𝐎𝐒 𝐢𝐧𝐭𝐢𝐭𝐮𝐥𝐞𝐦𝐞𝐧𝐭 - to ensure sufficient citation of the law on which you rely to support the OS. 4. 𝐅𝐚𝐢𝐥𝐮𝐫𝐞 𝐭𝐨 𝐜𝐨𝐦𝐩𝐥𝐲 𝐰𝐢𝐭𝐡 𝐭𝐡𝐞 𝐫𝐞𝐪𝐮𝐢𝐫𝐞𝐦𝐞𝐧𝐭𝐬 𝐟𝐨𝐫 𝐚𝐧 𝐚𝐟𝐟𝐢𝐝𝐚𝐯𝐢𝐭 𝐮𝐧𝐝𝐞𝐫 𝐎𝐫𝐝𝐞𝐫 41. These are some issues your opposing solicitor may raise as a P.O. to invalidate your client's proceeding. Although such P.O.s may be archaic and superfluous in view of O.1A and O.2 R.1, it is nevertheless encouraged to be mindful of the above in the conduct of your client's case.

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Choosing who you want to act as your attorney can be difficult. We always say it must be someone you trust. It's sad to read of the families in the BBC article (linked below) and others felt pressured to appoint someone whom they wouldn't normally select. Selecting family and friends may not always be the best option either. We have seen cases where family members have taken advantage of vulnerable family members who have then been left with nothing. Attorney's must always act in the best interests of the Donor and take all possible steps to help the Donor make the decision for themselves. Thankfully these types of cases are few and far between. Lasting Powers of Attorney are important documents to have, and it would be a shame to find people being put off doing them. If you are acting as an attorney and are unsure about decisions you are making, please do seek advice. #attorneys #lastingpowers #capacity #trust https://lnkd.in/eZC93kuq

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Download Dye & Durham UK latest e-book for an easy-to-use guide on managing the business side of your law firm. Inside you’ll find: 🎯key industry insight about how other law firms operate 🎯breakdown of the benefits of practice management systems 🎯potential pitfalls if you don't have one Get your free copy: https://bit.ly/3ZJfZYG

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📝 Claimants in professional negligence cases may wish to join forces under a single Claim Form to limit initial court fees and spread the risks and costs of the litigation between themselves. 👥 There are various ways to bring multi-party proceedings under the CPR, including representative proceedings under r.19.8 and Group Litigation Orders under r.19.21. Further, per r.19.1, “any number of claimants or defendants may be joined as parties to a claim” and, per r.7.3, “a claimant may use a single claim form to start all claims which can be conveniently disposed of in the same proceedings.” These rules are often used to justify multi-party Claim Forms. 👨‍⚖️ The previous leading case on this was Abbott v Ministry of Defence [2023] EWHC 1475 (KB) where it was held that “if there are likely to be common issues of sufficient significance that their determination would constitute real progress towards the final determination of each claim”, then a Court could conclude that a single set of proceedings would be sufficiently convenient. Like London buses, two cases discussing such claims have come along in quick succession... 1️⃣ Morris v Williams & Co Solicitors [2024] EWCA Civ 376; and 2️⃣ Niprose Investments Ltd & Ors v Vincents Solicitors Ltd [2024] EWHC 801 (Ch) Read Philip Marriott's latest article here: https://lnkd.in/eVEcFXkK #professionalliability #professionalnegligence #grouplitigation #multiparty #CPR

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The Court of Probate Act was established in 1857. The Principle Probate Registry was established in January 1858. When you stop and consider this, it becomes apparent just how long this piece of UK law has been not just running, but thriving. With the legal institution being as established as it is, not often will a new service be introduced that makes any kind of a positive and / or widespread impact. Enter Darren Leggett. A name most solicitors and probate professionals working within the private client sector are aware of. Darren pioneered services designed specifically to support with the property part of probate. Collaborating with names such as Gill Steel, compliance and the legal obligations that needed to be met were considered and written within the SLA which guarentees high level minimal standards are always met. After more than 11yrs since successfully building relationships with firms and organisations of all shapes and sizes across the whole of the UK, Darren has also been recognised by The Law Society who have approached him to provide 'Thought Leadership Articles' on this subject. "I am both flattered and honoured to be able to write for The Law Society, what an achievement hey! The most satisfying thing for me though, is seeing my vision become such an important part of the process, and makes such a positive impact on the lives of the solicitors, probate practitioners, executors and beneficiaries of the estates we assist with. That is what PLG was established to do". #probate #property #team #plg

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Much like a VAR decision, the Court of Appeal (CoA) has stepped in to overturn a penalty in contract law. In Houssein & Ors -v- London Credit Ltd & Anor [2024], the CoA reversed a ruling that labelled a 4% default interest rate as an unenforceable penalty clause. What does this mean for lenders and borrowers? The case clarifies how default interest rates must protect legitimate interests rather than act as penalties. Read more about this here https://lnkd.in/eUXUvk-V #Kuits #ManchesterLawyers #PenaltyClause

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Monckton members feature in three cases in The Legal 500 and Legal Business Dispute Yearbook 2024 Read here: https://lnkd.in/dwKpBdzg

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