5th May 2021
James MacDougald discusses the case of The Donkey Sanctuary v. Bacchus [2020] WTLR 1450, a recent High Court decision on post-death deeds of variation, the circumstances in which the executors of a dead person can vary that person’s entitlement on an earlier death, and when a decision of that kind will be ultra vires or […]
28th Apr 2021
The circumstances where a trustee in bankruptcy can recover a payment or a preference that is made by a bankrupt between the presentation of the bankruptcy petition and the making of the bankruptcy order differ surprisingly from those which pertain to a payment or preference that is made before the petition or which pertain to […]
21st Apr 2021
Georgia Bedworth talks about Re ACC, the recent Court of Protection case which gives definitive guidance on important issues such as the scope of deputies’ authority in relation to paying for legal advice, and dealing with conflicts of interest which arise when a professional deputy wants to instruct his own firm to give legal advice […]
14th Apr 2021
Leon Pickering discusses the new Practice Direction 1A on vulnerable witnesses and parties, in force from 6 April this year. He raises his concerns about including confidential medical information in public court orders and considers best practice under the new regime.
7th Apr 2021
Adam Stewart-Wallace talks about the recent decision in Procter v Procter [2021] EWCA Civ 167, a case which considered whether trustees had been able to create an tenancy in favour of a partnership in which they were partners, in the absence of any written tenancy agreement.
31st Mar 2021
Sam Laughton talks about the recent decision in Patel v Barlows [2021] 4 WLR 6, in which he successfully argued for the existence of a partnership and a beneficial interest in a Quistclose trust, in relation to a real estate joint venture. HHJ Mithani QC also gave detailed guidance as to the application of the Berkeley Applegate jurisdiction, […]
16th Mar 2021
Richard Dew talks about Rokkan v Rokkan [2021] EWHC 481 (Ch), a case concerning domicile, Norweigian probate law, and the principles of ademption.