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. The information and any commentary on the law contained in these […]
19th May 2021
Jeremy Callman of Ten Old Square discusses the 2020 appeal in Peter Wilson v The Commissioners for HMRC [2020] 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 […]
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.
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