All Analysis articles – Page 4
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AnalysisHayward v Zurich Insurance Company plc [2016] UKSC 48
Supreme Court holds that a settlement may be set aside for fraud even if fraud is suspected
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AnalysisVilca v Xstrata [2016] EWHC 1824 (QB)
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
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AnalysisBriggs' Review: the final verdict
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 ...
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AnalysisThe tough gets going – again?
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 of deeper problems ...
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AnalysisThe right to buy? Maintenance and the 1975 act
Lesley King discusses two new important pieces of OPG guidance, and an interesting – and somewhat surprising – case on maintenance under the Inheritance Act 1975
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AnalysisContentious probate update August 2016
Roman Kubiak takes a look at some more notable recent cases in the contentious trusts and probate field that you may have missed.
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AnalysisNovus Aviation Ltd v Alubaf Arab International Bank BSC [2016] EWHC 1937 (Comm)
Commercial Court rules that the full effect of part 36 was unjust when sterling value had recently fallen against the dollar.
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AnalysisLidl to worry about: the Pallant v Morgan equity revisited
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…
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AnalysisBreaking up is hard to do?
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.
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AnalysisSpotlight: Edwards v Kumarasamy [2016] UKSC 40
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.
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AnalysisDisclosure developments after Pyrrho: a watershed for predictive coding?
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.
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AnalysisConstitutional aspects of Brexit
Jonathan Haydn-Williams reviews of some of the constitutional issues to which the referendum vote gives rise.
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AnalysisContentious probate case law update July 2016
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.
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AnalysisRNRB and the new downsizing allowance
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 ...
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AnalysisPreventing easements by prescription
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
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AnalysisWebb Resolutions Ltd v Countrywide Surveyors Ltd [2016] Ch Div (4 May 2016)
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?
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AnalysisExtending the DOTAS regime to inheritance tax - the next chapter
Lesley King comments on HMRC’s long-awaited follow-up to last year’s consultation on the extension to DOTAS to inheritance tax
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AnalysisMassar [2016] ECJ C-460/14; Buyuktipi [2016] ECJ C-5/15
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
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AnalysisSpotlight: Timothy Taylor Ltd v Mayfair House Corpn [2016] EWHC 1075 (Ch)
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 right ...
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AnalysisTaking a break
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