All Analysis articles – Page 9
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Analysis
Hegglin v Persons Unknown & Google Inc [2014] EWHC 3793 (QB)
High Court refuses to make a costs-capping order 10 days before trial, saying that the case was too close to trial and the defendant had already spent so much at a level that a detailed assessment was inevitable.
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Analysis
Sugar Hut Group Ltd v AJ Insurance [2014] EWHC 3775 (Comm)
An offer of settlement had a major impact on costs even though it was not a valid part 36 offer and the claimant did better at trial.
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AnalysisSpotlight: Autumn Statement - private client implications
On 3 December, George Osborne delivered his Autumn Statement. Certified Financial Adviser Patrick Connolly outlines the key private client measures
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Analysis
Supreme Court upholds decision on breach of trust damages to lenders
The Supreme Court has dismissed an appeal made by AIB Group for compensation for both an error made by a law firm, plus all its other losses, following breach of trust in a remortgage transaction
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Analysis
Nil-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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Analysis
The 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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Analysis
Inheritance 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
Spotlight: FATCA – register with the IRS by 25 October
Those trusts deemed to be a Financial Institution under FATCA need to have completed the registration process with the IRS before 31 December 2014. We recommend that you register by 25 October to ensure sanctions are not applied.
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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 . Topics Land registration – Notice – Unilateral notice Alternative Citations [2013] EWHC 4095 (Ch) Hearing Date 20 December 2013 Court Chancery Division Judge Mr Justice Morgan Representation Michael Jefferis (instructed by Stephen Gisby Co) for the ...
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Analysis
Spotlight: 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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Analysis
Tindall 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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Analysis
Consumer contracts: information for clients
Kerry Underwood on the information clients must now be supplied with before signing a contract
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Analysis
Giving 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
