Following a successful mediation last Tuesday (a Settlement Agreement was signed by around 7pm), I reflected generally on what the controllables are that one can control, or at least try to control, as a mediation advocate and as the solicitor representing...
The recent case of Whittle v Whittle indicates that poisoning a potential testator’s mind against another beneficiary by casting dishonest aspersions upon his or her character, where the person making the aspersions either knows them to be...
Just because a shareholder doesn’t like how the company is being managed doesn’t mean the court will make a finding of unfair prejudice. In Primekings Holding Limited v Anthony King [2021] EWCA Civ 1943 the Court of Appeal...
In a recent case the Court of Appeal considered whether a delay of 17 years in presenting an unfair prejudice petition was too long. Background Andrew Bailey presented a petition in respect of Cherry Hill Skip Hire Ltd (“ the Company ”). He...
The recent case of Haz International Ltd v Yesilkaya [2021] EWHC 1695 (Ch) highlights some of the key considerations of the court when a petitioner seeks a just and equitable winding up of a company. Facts Mr Il and Mr Yesilkaya were directors and...
The Insurance Act 2015 puts the duty on policyholders to provide a “ fair presentation of the risk ” to the insurer of entering the policy. This requires “ disclosure of every material circumstance which the insured knows or ought to know...
COVID-19 has taken its toll on a number of individuals and businesses, including their ability to pay rent. Whilst the government put moratoriums in place to protect tenants during the lockdowns, those moratoriums have now been lifted. Subject to...
Sometimes your tenants are not paying rent and you cannot afford to have them stay in the property when you need to pay the mortgage. Sometimes you simply want your property back. Whatever the reason, we can help find a solution to getting your tenants to...
Will formalities Under the Wills Act 1837, a Will must be signed by the testator in the presence of two independent witnesses who have no interest in the Will. The witnesses also sign the Will and each state their name, address and occupation. This...
The recent case of Re Macom GmbH (UK) Ltd [2021] EWHC 1661 (Ch) highlights the wide discretion of the court when considering unfair prejudice. Even when a court decides that a party’s conduct constitutes unfair prejudice, it does not always order a...
When oral evidence is not enough – the recent case of Re Electrical Control Installations Ltd [2021] (05 October 2021) highlights the importance of contemporaneous documentation to evidence unfairness in a successful petition under section 994 of the...
Our contentious probate solicitors are frequently asked to deal with disputes between executors and beneficiaries. Sometimes, beneficiaries are kept completely out of the loop by executors. On some occasions, more serious issues arise when executors show...
On 22 June 2021, we published a blog post about Labour MP Fabian Hamilton who had raised the issue of predatory marriages during Prime Minister’s Questions, calling on the government to reform this area of the law . This issue has now...
The 2021 case of Fox Group International Limited (“ Fox ”) v Teleta Pharma Limited (“ Teleta ”) is an example of an intellectual property case backfiring. Fox, a supplier of cosmetic products, had a distributor agreement with...
For those considering who to leave their estate to after they die, a tricky dilemma can often arise when considering the question of their own children. For various reasons, a testator may not consider it appropriate to leave anything to their child...
In the recent case of Ugolor & Ors v Ugolor [2021] EWHC 686 (Ch), the Defendant was removed from his position as executor of his mother’s estate following an application made by the Defendant’s three siblings (the Claimants). In the...
Labour MP for Leeds North East, Fabian Hamilton, has called on the Prime Minister and his government to reform the law in relation to so-called ‘predatory marriages’. Speaking in the House of Commons during Prime Minister’s...
In the recent case of Re R (Deceased) [2021] EWHC 936 (Ch), the High Court granted the award of £186,000 to two children left out of their father’s will. The two children, who were both under the age of 18 at the time of the claim...
The case of Miles & Anor v Shearer [2021] EWHC 1000 (Ch ) concerned a claim under the Inheritance (Provision for Family and Dependants) Act 1975 brought by the two adult daughters of top banker and former head of merchant bank Singer...
As the country continues to ease out of the third lockdown, it seems a good opportunity to reflect on one of the most significant legal changes, in the Private Client world at least, that occurred during the pandemic – the remote witnessing of...
