Dispute Resolution Blog
Thursday 9th July 2020
We are delighted to announce that we have received recognition in the newly published 2020 edition of Chambers High Net Worth (HNW) Guide. Our Private Wealth Law and Private Wealth Disputes teams, and three lawyers within the firm have received recommendations for expertise in their field:
Wednesday 24th June 2020
The Government has officially announced that the temporary suspension on most possession proceedings introduced earlier this year will be extended up to at least 23 August 2020.
This comes shortly after the case of Marshall (Arkin) v Marshall & Another, where the Court of Appeal confirmed the suspension on proceedings was lawful. The Court also concluded that, although judges retain the...
Tuesday 21st April 2020
As the government restrictions on business operation and social interaction get renewed for a further period of at least three weeks, with many experts warning it may last significantly longer, we consider whether COVID-19 is likely to engage the legal concepts of ‘frustration’ and ‘supervening illegality’ in the context of property contracts in England and Wales.
Wednesday 8th April 2020
In early 2015, an elderly man who thought he was having a heart attack whilst in a McDonald’s restaurant in Canada scribbled down on a thin, brown napkin that his estate should be split evenly between his seven living children, who he then listed.
It turned out the elderly man was not having a heart attack, but he died seven months later in December 2015, having made no further Will....
Monday 6th April 2020
In Barnaby v Johnson  EWHC 3344 (Ch), the defendant challenged her mother’s Will on four different grounds. This is a risky strategy for success, especially if you are lacking in evidence…
Mrs Bascoe died in 2015. She had four children. Her surviving son is the Claimant, Mr Barnaby. Her surviving daughter is Mrs Johnson, the Defendant.
Mrs Bascoe left a Will dated 27 April...
Friday 27th March 2020
Following the outbreak of COVID-19, the majority of business premises, including registered offices, are now closed and a large proportion of employees are working from home. This raises two obvious questions; what if I wish to serve a document on a third party? And, what if a document is sent to a vacant office?
These questions can be relevant in a number of contexts; most obviously court...
Friday 27th March 2020
In light of the dramatic events of the last few weeks, many companies will find themselves in a position where they are no longer able to perform contracts or alternatively have counterparties claiming they are in that position. If you find yourself on either side of that situation you should check your contract for the existence of a force majeure clause.
What is a force majeure clause?
Friday 27th March 2020
Nearly all commercial leases include “forfeiture” provisions that allow a landlord to take possession of the property back from the tenant, and terminate the lease, following a breach. In most cases, this involves a landlord “changing the locks”.
Governmental advice that all non-essential business must shut will undoubtedly have an impact on cash flow across the economy...
Friday 20th March 2020
The government have announced that they are set to bring in emergency legislation to protect private tenants from eviction. It is said that the legislation will:
Suspend new evictions from social or private rented accommodation during this national emergency;
Ban any new possession proceedings (applications to evict tenants via the court); and
Put in place measures to provide landlords...
Monday 14th October 2019
As a contentious trust and probate practitioner I have come to understand how emotive the whole issue of inheritance is. Should your parents leave their worldly wealth to you? What provision should you make for your second time spouse in preference to the children of your first marriage? Should you treat your children equally? Should you prefer charities or close friends over family?
Wednesday 24th April 2019
At its best, “leasehold” property is a simple concept – it refers to a long lease of land (residential or commercial) which ends at some future point, when the property will return to the landlord. However, the complexities of leasehold ownership and the surrounding law are rarely straightforward. There has been much in the national press over the course of many months...
Wednesday 3rd October 2018
In our specialist Contentious Trusts and Probate team, we are often approached by clients who have concerns that a recently deceased loved one may have been pressurised into making their Will. Is this grounds for challenging the validity of a Will? In short, perhaps - but it is not straightforward.
A legal challenge as to the validity of a Will on the basis of excessive pressure by a third...