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20 January 2014

High Court examines the interrelationship between Inheritance Act and the Insolvency Act

In the case of B v IB [2013] EWHC 3755 (Fam) the High Court has determined the status of an application made under s.423 of the Insolvency Act 1986 issued during divorce proceedings where the husband had died during the process and the wife intended to commence new proceedings under s.10 of the Inheritance (Provision for Family and Dependants) Act 1975. 

Katie Allard

13 January 2014

Changes to the law of distress – more red tape for landlords?

Distress is an ancient remedy whereby a landlord can instruct bailiffs to enter the demised property to seize the tenant’s goods when the tenant is in arrears of rent. On 6 April 2014 this age old law will be abolished and following the implementation of Part 3 of the Tribunals Courts and Enforcement Act 2007, a new statutory regime for Commercial Rent Arrears Recovery (CRAR) will come into force.

30 December 2013

Expert shopping is not for the privileged

The use of experts in litigation cases to support evidence, and more specifically the act of shopping for experts has brought the issue of legal professional privilege under the Court’s spotlight again.  

2 December 2013

High Court awards costs on indemnity basis for “hopeless” summary judgment application

In the case of Simmons & Simmons LLP v Charles Hickox [2013] EWHC 2141 (QB), the High Court has held that a defendant who applies for summary judgment on a point of law which he knows, or ought to have known, was not justified should pay the costs of the application on the indemnity basis. 

18 November 2013

Court of Appeal disallow Inheritance Act claim brought outside limitation period

In the case of Berger and Berger [2013] EWCA Civ 1305, the Court of Appeal has refused permission for a surviving spouse to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 nearly six and a half years after a grant of probate was issued

Katie Allard

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