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24 November 2023 / Stephen Gold
Issue: 8050 / Categories: Features , Wills & Probate , Profession
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Musing of an executor

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Driven to distraction by financial & other businesses failing to respond to essential enquiries? Stephen Gold recommends taking the compensation route

Your probate colleagues will tell you that they can match your high blood pressure. Delays in prizing grants out of the probate service are legion. What is not readily apparent is that HMCTS, which enjoys responsibility for the service, is obliged to entertain complaints about delays under the same scheme that applies to mess ups in the courts and tribunals. And that the scheme enables the payment of compensation where a complaint is upheld is not exactly shouted from the Petty France rooftops. Indeed, in the just updated guidance on complaints, the availability of compensation remains a secret but does provide a link to an online ‘thank you’ form. I come fresh from complaining to HMCTS about what transpired to be a period of 10.5 weeks during which my online application for probate as executor of my late aunt’s estate went to sleep.

I secured a £50 without prejudice goodwill

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NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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