Legal updates

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

20 February 2020

Has the law of contract been compromised?

A cautionary tale can be learnt from case of Neocleous v Christine Rees [2019] EWHC 2462 (Ch) a decision of the Manchester County Court which demonstrates how binding contracts can be inadvertently formed through the exchange of emails. Neocleous was a timely decision as it followed shortly after the publication of the Law Commission’s 4 September 2019 report Electronic execution of documents that the law now recognises a variety of different electronic signatures as legally binding.

Daniel Staunton

19 February 2020

Loss of Chance claims and the admissibility of “new” evidence

The Supreme Court case of Edwards (on behalf of the estate of the late Thomas Arthur Watkins) v Hugh James Ford Simey (A Firm) [2019] UKSC 54 provides useful insight in professional negligence cases as to how the Courts approach the relevance of “new” evidence i.e. evidence which was not available at the time of the underlying matter, in loss of chance cases.

Jemma Brimblecombe

18 April 2018

Last roll of the dice for PAG’s mis-selling test case against RBS

The long awaited Court of Appeal judgment was handed down in the test case of PAG v RBS in early March. We have previously commented on this extensive litigation and a link to our detailed blog following the High Court judgment can be found here.

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