All Analysis articles – Page 9
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AnalysisNil-rate band legacies: Woodland Trust loses claim
Lesley King looks at the cases of Loring v Woodland Trust (on the meaning of ’unused nil rate’ in a will) and Cooper v Earl of Cardigan (guidance on circumstances in which the court will assist trustees in making ‘momentous’ decisions).
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AnalysisThe end of the Dolphin Square saga?
In Westbrook Dolphin Square Ltd v Friends Life Ltd, we consider the validity of a scheme that was partly designed to facilitate an enfranchisement claim under the provisions of the Leasehold Reform, Housing and Urban Development Act 1993.
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AnalysisInheritance and Trustees' Powers Act - relatively modest?
Lesley King gives us the lowdown on the main changes introduced by the Inheritance and Trustees’ Powers Act 2014, which came into force on 1 October.
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Analysis
JE v Secretary of State for the Home Department [2014] EWCA Civ 192
Court of Appeal rules on limits of power under CPR 52.9A to limit costs of appeals in proceedings where recovery is normally restricted.
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Analysis
Ultimate Products Ltd v Wooley [2014] EWHC 2706 (Ch)
Court applied three-stage test in Denton when considering an application for relief from sanctions, and held failure to serve notice of new CFA was not a serious breach.
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Analysis
Wagenaar v Weekend Travel Ltd and Serradj [2014] EWCA Civ 1105
Court of Appeal’s first interpretation of QOCS provisions, including whether the QOCS regime was a valid one and if QOCS applies to Part 20 proceedings between a defendant and a third party.
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Analysis
Kellie & Kellie v Wheatley & Lloyd Architects Ltd [2014] EWHC 2866 (TCC)
Reviews the law relating to conduct and costs; the power to award indemnity costs; and the effect of an order for indemnity costs on a costs budget.
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Analysis
Burrett v Mencap Ltd [2014] EW Misc B50 (CC)
A hearing to determine the costs consequences of a variation to a Part 36 offer.
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Analysis
Newcastle upon Tyne Hospitals Foundation Trust v LM
An application was made by the NHS Trust for a declaration that it would be lawful to withhold a blood transfusion from LM, a gravely ill 63-year-old female Jehovah’s Witness.
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Analysis
Nugent v Nugent
All content provided by LexisNexis. TopicsLand registration – Notice – Unilateral notice Alternative Citations[2013] EWHC 4095 (Ch) Hearing Date20 December 2013 CourtChancery Division JudgeMr Justice Morgan RepresentationMichael Jefferis (instructed by Stephen Gisby & Co) for the claimant. Christopher McNall (instructed by Kirwans) for the defendant. AbstractLand registration – Notice. The ...
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AnalysisSpotlight: Co-operative Bank plc v Phillips
The High Court has considered the circumstances in which possession proceedings commenced by a lender will be considered collateral to its powers.
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Analysis
75th Update to the CPR - what you need to know
The 75th Update to the CPR came into force on 1 October. Cait Sweeney guides us through the main changes that you need to know about.
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AnalysisTindall Cobham 1 Ltd v Adda Hotels (an unlimited company)
The Court of Appeal considered the construction of covenants against assignment contained in leases, and their interaction with the provisions of the Landlord and Tenant (Covenants) Act 1995
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AnalysisConsumer contracts: information for clients
Kerry Underwood on the information clients must now be supplied with before signing a contract
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AnalysisGiving a guarantee on an intra-group transfer
Tindall Cobham 1 Ltd v Adda Hotels shows that it is possible to apply the principles of construction to save the valid elements of a covenant by pruning away the bad sections
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AnalysisStrengthening the DOTAS rules
Lesley King discusses the government’s consultation on strengthening the DOTAS regime, including proposals to significantly increase IHT reporting requirements, and how the Inheritance and Trustees’ Powers Act 2014 amends claims made under the Inheritance Act 1975.
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AnalysisSpotlight: CLP Holding Co Ltd v Singh and Kaur
The Court of Appeal considered whether purchasers of VAT-opted freehold property were contractually liable to pay VAT on the purchase price.
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AnalysisTroublesome lease clauses
Recently, the most troublesome lease clauses have been those dealing with termination – specifically break rights. I consider two recent high profile cases that illustrate this point.
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AnalysisThe Jimmy Savile case: when can a court remove an executor?
Lesley King discusses new HMRC self-assessment guidance sheets, and why the failure to remove remove Jimmy Savile’s executors has implications for private client practitioners.
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Analysis72nd Update to the CPR and Inheritance Act 1975 claims
The 72nd Update to the CPR came into force on 22 April 2014. Amongst other things, the rules were amended to clarify the courts’ costs management powers and the cases to which costs management will now apply.