24th Nov 2021
CFAs and 1975 Act claims. Hirachand v Hirachand  EWCA Civ 1498. Richard Dew talks about the Court of Appeal decision that permits recovery of CFA uplifts in 1975 Act claims including the implications for both Claimants and Defendants.
10th Nov 2021
Times Travel (UK) Ltd. v Pakistan International Airlines Corpn  3 W.L.R.727 and when will a threat to do something lawful will amount to duress in contract law. In this case, an airline used its monopoly power to compel an agent to agree to give up strong claims which it had for commission payments that […]
20th Oct 2021
James Poole talks about Hughes v Pritchard  EWHC 1580 (Ch), a case which concerned testamentary capacity, knowledge and approval and undue influence in the context of wills, as well as a claim in proprietary estoppel, and where the judge found that the testator lacked capacity to make a will, despite expert evidence that he […]
6th Oct 2021
This podcast explores the recent decision of Boyle v Burke  1 BCLC 524 (in which Jeremy Callman appeared for the successful Defendants) which tackled questions of what dissolution of an 1890 Act partnership means and what brings about a dissolution. The Judge looked at the differences between ‘general dissolution’ and ‘technical dissolution’, how the […]
29th Sep 2021
Adam Stewart-Wallace discusses the recent case of Hudman v Morris  EWHC 1400 (Ch) in which an executor was removed for irrational and hostile conduct. One of the executors had been unreasonable in his conduct regarding relatively minor issues regarding the estate, including the reimbursement of approximately £2,000 to one of the beneficiaries. This had […]
22nd Sep 2021
Sam Laughton discusses the latest authority on the interface between the equitable doctrine of proprietary estoppel and the statutory requirement that agreements for the sale of land must be in signed writing. In Howe v Gossop, Snowden J considered the question of whether a proprietary estoppel asserted in defence of a claim of possession of […]
16th Sep 2021
James MacDougald discusses the recent judgment in Womble Bond Dickinson (Trust Corporation) Ltd v. Glenn  EWH4 624 (Ch), a decision about the statutory power of advancement and its application to Hancock v. Watson trusts.
27th May 2021
James Egan discusses the recent high-profile 1975 Act decision in Miles v Shearer which demonstrates that the Court will not make an award for financial provision for adult children where it considers they are not in financial need, even where the estate is substantial.
19th May 2021
Jeremy Callman of Ten Old Square discusses the 2020 appeal in Peter Wilson v The Commissioners for HMRC  UKFTT 0230 (TC) in which the Court reviewed the law on whether a member of an LLP can simultaneously also be an employee of that same LLP. This important legal question has significant knock-on effects across […]
12th May 2021
Richard Dew discusses the recent decision in Clitheroe v Bond, where the High Court considered, on appeal from a decisions of a Deputy Master, (i) whether the test for testamentary capacity is that set out in Banks v Goodfellow or in the Mental Capacity Act 2005 (ii) the nature of delusions sufficient to make a […]