Dispute Resolution

 

Unfair prejudice: what kind of conduct is relevant?

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...

Unfair prejudice: how long is too long?

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...

Unfair prejudice: when is a just and equitable winding up appropriate?

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...

Insurance claims: the duty of fair presentation

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...

My tenant is not paying rent, what can I do?

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...

How do I get my tenants to move out? (residential)

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...

Coronavirus update: Legislation permitting the remote witnessing of Wills is extended. What are some of the risks?

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...

Unfair prejudice: is a buyout order the only solution?

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...

Unfair prejudice petitions: how do I prove that the prejudice is unfair?

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...

The executor to my father's will is not performing his duties: what options do I have?

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...

Law reform update: Labour MP meets with Justice Minister to discuss wills and predatory marriages

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...

Legal brief: trademark infringement case backfires - a cautionary tale

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...

Rochford v Rochford [2021]: Is it risky to leave nothing in your will to your children, even if they are adults?

  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...

Executor removed from £1 million estate in recent Will Dispute case

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...

Wills and predatory marriages: Reforms to the law called for at Prime Minister's Questions

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...

High Court finds in favour of children left out of father's estate in recent will dispute case

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...

High Court refuses to grant award to adult children left out of father's Will in recent will dispute case

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...

Coronavirus update: remote witnessing of Wills. Welcome reform or problems ahead?

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...

Banks v Goodfellow test upheld by the High Court in recent will dispute case

In the recent case of  Clitheroe v Bond [2021] EWHC 1102 (Ch),  the landmark test established in  Banks v Goodfellow [1870]  for assessing testamentary capacity has been upheld by the High Court. The facts of the case concerned Jean...

Probate has been stopped by a caveat, can I remove it?

The issue of caveats arises frequently in will disputes and contentious probate cases. A caveat is a formal notice which is lodged at the probate registry which stops a grant of probate or a grant of letters of administration being extracted. The lodging...
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