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Legal update

High court decision serves as a warning to those delaying probate claims

Although there is no time limit to start a probate action, unjustified delay, perhaps in the hope of more favourable circumstances, may bar the claim
08 February 2024

Legal update

Mr White gets the same treatment as Mr Green: director ordered to draw pension sums to pay creditors

This judgment reinforces the Court’s power to order a judgment debtor to draw down their pension for the benefit of the creditors as recently seen in Bacci v Green
18 October 2023

Legal update

A promise is a promise - lifetime agreement removes testamentary freedom

A promise to make a Will favouring children of a deceased’s first marriage has been held by the court to create a binding obligation, removing the deceased’s testamentary freedom
25 July 2023

Legal update

Concerns over a will?

A loved one has died and you have concerns about the terms of their Will. What is your next step?
01 March 2023

Legal update

Fraudulent calumny and poisoning a testator’s mind

The court has set aside a Will because the testator’s mind had been poisoned against one child in favour of another
02 November 2022

Legal update

Trustees’ Rights of Indemnity: Who Takes Priority?

This article considers the Privy Council’s landmark decision on successive trustees’ rights of indemnity over “insolvent” trusts
25 October 2022

Legal update

Burges Salmon Arbitration Basics: ad hoc vs institutional arbitration

This article sets out the key considerations for the parties when choosing whether to opt for an ad hoc or an institutional arbitration
14 October 2022

Legal update

Burges Salmon Arbitration Basics: arbitration vs litigation

In this article, we look at some of the key issues to consider when choosing arbitration as compared to litigation
27 September 2022

Legal update

Burges Salmon Arbitration Basics: Key ingredients for the Arbitration Agreement

This article identifies the hallmarks of arbitration as a dispute resolution process and why it is an attractive option for parties to consider when drafting their agreements
16 August 2022

Legal update

Crypto Conundrums - Cyberheists

We look at the difficulties of recovering lost or stolen cryptocurrency following the case of Tulip Trading Ltd v Van der Laan & ors
12 July 2022

Legal update

Green light for ESG

Clarity from the High Court on the approach to be taken by charity trustees in adopting investment policies that may conflict with their charitable purposes

16 June 2022

Legal update

What is and what is not a proprietary estoppel claim? Earl of Plymouth v Rees and the limits of a claim in proprietary estoppel

The decision in the Earl of Plymouth v Rees proprietary estoppel claim summarises the applicable principles and shows the limits of proprietary estoppel as a cause of action
16 December 2021
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