- November Messenger
- There's still time to complete the Manchester Pro Bono Committee Questionnaire
- Martin Lewis Recommendation Sees Enquiries to Charity Campaign Soar - HMCTS Operational Update - Regulatory Conference
- Dates for the Diary - MLS Court Reports Journal Issue 5
- Commercial Contracts – What Terms and Conditions Are Incorporated?
After recent discussions in Manchester regarding pro bono and there seemed to be a desire to encourage more pro bono volunteering in the city, and to increase the collaboration and coordination of pro bono locally, and with that objective in mind, to establish a pro bono committee for Greater Manchester.
Let us know about the work you’re already doing, what you think the committee should focus on, and if you would like to get involved.
Please complete the questionnaire here or pass it on to the appropriate person at your organization. The deadline for completion is Monday 7th November.
Read more about the committee and their porposed terms of reference here.
Solicitors across the UK are being urged to join a charity scheme after support from Money Saving Expert Martin Lewis saw enquiries soar.
Martin highlighted the benefits of Will Aid to the nation on his ITV show earlier this week, with the charitable campaign receiving more than 1,000 enquiries in just one hour after its broadcast.
The annual campaign sees solicitors across the UK volunteer their time to write wills throughout November, instead inviting clients to make an upfront donation to Will Aid.
More solicitors are now being urged to sign up to the campaign to help meet the soaring demand for its services.
Reminder: Defence solicitors and barristers can join one of our regular online support sessions to get help with using Common Platform. We’ll answer your questions, offer advice and help with troubleshooting. Sessions take place on Tuesdays at 4:30pm and Thursdays at 9am - email us to book a session
Family Practitioners Reminder
Reminder: Probate practitioners should submit all applications made on form PA1P or PA1A to: Newcastle Probate Registry, Kings Court, Earl Grey Way, North Shields, NE29 6AR. Find step-by-step guidance on applying for probate with MyHMCTS and on when to use the forms.
Reminder: Register to join a webinar to update on the probate service for charities on Tuesday 15 November. This will provide an overview of the probate service to the charity sector, sharing data on applications and future plans.
Reminder: We’ve updated the Probate caveat application process (to challenge someone else’s probate application) to make it simpler and more consistent for all users. Probate practitioners and personal applicants can access the updated PA8A form to apply to stop an application for a grant of representation for up to 6 months and use the new PA8B form to apply for a caveat extension. All applications will need to be submitted to: HMCTS Probate, PO Box 12625, Harlow, CM20 9QE. Read guidance for more information on caveat applications.
Reminder: If you’re working on a Family Public Law case you can add yourself on MyHMCTS. Read the guidance to complete a notice of acting or notice of change.
Reminder: Service Centre staff cannot upload draft orders to the Family Public Law service. You must follow the guidance and upload draft orders to MyHMCTS for the judge to review and approve.
Date: Wednesday 23 November 2022 Time: 09:00 - 16:00 Location:The Midland Hotel, 16 Peter St, Manchester M60 2DS Cost to attend: MLS Members £120.00 + VAT (£144.00)
Non-Members £160.00 + VAT (£192.00)
The MLS Regulatory Conference returns on 23 November. The day will be a mix of updates from SRA and LeO, advice on what to do when you receive the letter from the SRA, and the latest ways to keep ahead of the risks in cyber and technology.
We will also hear from Brabners LLP on how they have implemented their Equality, Diversity and Inclusion policies and encouraged this culture within the firm. They will explain the challenges they faced, share their successes, and demonstrate how this has had a positive impact on the firm.
The conference will feature with a panel session looking at risks from insurance, accounting and fining perspectives which will include a Q&A offering a chance for delegates to share the challenges they are facing and discuss potential solutions.
We will close the day with networking and refreshments where delegates can continue their discussions.
In many commercial disputes one deceptively simple, but at the same time crucial, question arises: whether particular terms and conditions are incorporated in a contract. A High Court ruling provided an excellent illustration of how the legal principles that apply to resolving such issues operate.
A meat producer lodged a claim for almost £400,000 in damages after mould was found on its products that had been stored in a refrigeration facility. The products had to be condemned. The facility’s operator denied that the loss arose from any failure in its refrigeration system or any breach of contractual duty on its part.
The operator further argued that terms and conditions (T&Cs) recommended by the Food Storage & Distribution Federation were incorporated in its contract with the producer. The T&Cs required any claim to be brought within a nine-month time limit, which the producer was alleged to have exceeded. They also limited the operator’s potential liability to £250 per metric tonne. The question of incorporation was considered by the Court as a preliminary issue.
Case notes:
Scotbeef Limited v D&S Storage Limited. Case Number: HT-2020-LDS-000008
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