All Analysis articles – Page 4

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  • Cait Sweeney NEW
    Analysis

    Vilca v Xstrata [2016] EWHC 1824 (QB)

    2016-09-19T12:36:00Z

    The High Court has held that it has the power to order a party to appoint a separate law firm to conduct an independent re-review of its disclosure on strong grounds, although it chose not to in this case

  • Lord justice briggs
    Analysis

    Briggs' Review: the final verdict

    2016-09-15T08:44:00Z

    Lord Justice Briggs - who will be speaking at our autumn conference on 29 September - has published the long-awaited final report on the Civil Courts Structure Review, making a series of recommendations intended to inform HMCTS’ current court modernisation programme. At 300 pages long, Gareth Raisbeck digests the details ...

  • james perry
    Analysis

    The tough gets going – again?

    2016-09-08T15:46:00Z

    Two years after Denton took the sting out of Mitchell ’s tail, could the courts be taking a tougher approach again to missing deadlines? Not necessarily, says James Perry, but the decision in Oak Cash and Carry is a salutary reminder that missed deadlines are usually a sign ...

  • Lesley King new
    Analysis

    The right to buy? Maintenance and the 1975 act

    2016-08-17T14:25:00Z

    Lesley King discusses two new important pieces of OPG guidance, and an interesting – and somewhat surprising – case on maintenance under the Inheritance Act 1975

  • Roman-Kubiak-new-black-and-white
    Analysis

    Contentious probate update August 2016

    2016-08-16T15:32:00Z

    Roman Kubiak takes a look at some more notable recent cases in the contentious trusts and probate field that you may have missed.

  • alison kirby
    Analysis

    Novus Aviation Ltd v Alubaf Arab International Bank BSC [2016] EWHC 1937 (Comm)

    2016-08-16T10:06:00Z

    Commercial Court rules that the full effect of part 36 was unjust when sterling value had recently fallen against the dollar.

  • mark hughes
    Analysis

    Lidl to worry about: the Pallant v Morgan equity revisited

    2016-08-05T11:56:00Z

    Some quarters of the legal press have been panicked about the recent outcome of a High Court judgment relating to a proposed joint venture property agreement which revisted the rules around a Pallant v Morgan trust. Mark Hughes explains why there is actually nothing to worry about…

  • Peter Reekie, commentator
    Analysis

    Breaking up is hard to do?

    2016-08-02T09:30:00Z

    Peter Reekie discusses a High Court decision which delivers a stark reminder for landlords of the strict requirements for serving a valid break notice, and how it is easy to get it wrong.

  • douglas rhodes
    Analysis

    Spotlight: Edwards v Kumarasamy [2016] UKSC 40

    2016-07-29T14:15:00Z

    The Supreme Court has ruled on an intermediate landlord’s liability to repair common parts. Douglas Rhodes explains the implications of this long-awaited judgment.

  • Susan Monty
    Analysis

    Disclosure developments after Pyrrho: a watershed for predictive coding?

    2016-07-28T09:16:00Z

    Susan Monty, head of the Financial Crime, Civil Fraud and Regulatory team at Simons Muirhead Burton, considers the future use of predictive coding in litigation following the Pyrrho judgment, and offers practical advice on what to do if you think your case might be suitable for e-disclosure.

  • eu flag 287x198
    Analysis

    Constitutional aspects of Brexit

    2016-07-26T13:04:00Z

    Jonathan Haydn-Williams reviews of some of the constitutional issues to which the referendum vote gives rise.

  • Roman-Kubiak-new-black-and-white
    Analysis

    Contentious probate case law update July 2016

    2016-07-18T14:48:00Z

    Roman Kubiak, partner in the Contested Wills, Trusts and Estates team at Hugh James, takes a look at some of the most notable cases in the contentious trusts and probate field over the last few months.

  • Lesley King new
    Analysis

    RNRB and the new downsizing allowance

    2016-07-18T12:24:00Z

    Two very different matters this month: I discuss an application to dispense with service of an application to make a statutory will on a person who was entitled to a half share in P’s estate and would be disinherited by the proposed will; and new ’downsizing’ provisions in the Finance ...

  • Peter Reekie, commentator
    Analysis

    Preventing easements by prescription

    2016-06-28T08:41:00Z

    In Winterburn v Bennett, the Court of Appeal held that a landowner could prevent easements arising by prescription by placing notices on its land. Peter Reekie discusses

  • Cait Sweeney NEW
    Analysis

    Webb Resolutions Ltd v Countrywide Surveyors Ltd [2016] Ch Div (4 May 2016)

    2016-06-13T14:32:00Z

    The court has held a claimant liable for a defendant’s costs of and incidental to an abandoned professional negligence claim, even though the claim form had not been served - good news for defendants aiming to recover costs incurred pre-action?

  • Lesley King new
    Analysis

    Extending the DOTAS regime to inheritance tax - the next chapter

    2016-06-06T11:14:00Z

    Lesley King comments on HMRC’s long-awaited follow-up to last year’s consultation on the extension to DOTAS to inheritance tax

  • Cait Sweeney NEW
    Analysis

    Massar [2016] ECJ C-460/14; Buyuktipi [2016] ECJ C-5/15

    2016-05-31T10:55:00Z

    The ECJ has provided guidance on the proper construction of ‘inquiry’ in article 4(1) of Council Directive 87/344/EEC relating to insureds’ right to choose a lawyer under a legal expenses insurance policy

  • peter robinson
    Analysis

    Spotlight: Timothy Taylor Ltd v Mayfair House Corpn [2016] EWHC 1075 (Ch)

    2016-05-27T09:38:00Z

    This case illustrates how a landlord’s right to redevelop a property around incumbent tenants ought to be balanced against tenants’ right to quiet enjoyment of their premises. Peter Robinson, partner at Hunters (incorporating May, May Merrimans), explains what guidance the judgment offers to a landlord when exercising a ...

  • Peter Reekie, commentator
    Analysis

    Taking a break

    2016-05-25T15:18:00Z

    In Levett-Dunn v NHS Property Services Ltd  [2016] EWHC 943 (Ch), the High Court has considered the thorny issue of the validity of notices served by a tenant to exercise a contractual break clause

  • Cait Sweeney NEW
    Analysis

    Mendes v Hochtief (UK) Construction Ltd [2016] EWHC 976 (QB)

    2016-05-17T09:23:00Z

    Mr Justice Coulson has ruled that a claimant could recover trial advocacy fees under CPR 45 when a claim settled on the day of the hearing, before the trial was heard