Legal updates

16 September 2020

Court makes Search Order in COVID times

A search order, made pursuant to section 7 of the Civil Procedure Act 1997 and CPR Part 25, is one of the most draconian orders the English civil courts can make.  No Respondent really wants a search team to enter their premises but because of Covid -19 the search team is even less welcome than usual.

Fiona Simpson

11 June 2020

The emperor’s new clothes or sweeping reform? The Corporate Insolvency and Governance Bill

The Corporate Insolvency and Governance Bill received its first reading in the House of Commons on 20 May 2020, several months after Alok Sharma first announced what we expected to be the biggest changes to insolvency law in decades.

Daniel Staunton

10 June 2020

All swans are white….?

I have always had a soft spot for the Black Swan jurisdiction: nothing to do with the law, but because it reminds me of my previous study of philosophy and the use of “all swans are white” as an example of falsification theory.  

Mary Young

27 March 2020

Are there any lessons to be learnt from the two most recent farming inheritance cases?

This article was first published by Farming UK on 26 March 2020.  In the last fortnight, at a time when many are updating their wills, reflecting on their estates and what is in store for future generations, the courts have handed down two more decisions relating to farming inheritance cases. These are not uncommon. In 2018, there were 7 proprietary estoppel cases related to farming, or farming partnership disputes out of a total 12 proprietary estoppel claims.  

Laura Phillips

23 March 2020

The law of confidence -v- admissibility: DSM SFG Group Holdings Ltd & Ors –v- Kelly [2019] EWCA Civ 2256

The decision of the Court of Appeal in DSM SFG Group Holdings & Ors –v- Kelly provides a reminder of the tension between the law of confidence, and the principle of English law providing that evidence remains admissible in civil proceedings regardless of whether it has been obtained unlawfully. The decision of the Court of Appeal in DSM SFG Group Holdings & Ors –v- Kelly provides a reminder of the tension between the law of confidence, and the principle of English law providing that evidence remains admissible in civil proceedings regardless of whether it has been obtained unlawfully.

Richard Clayman

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