Litigation process

14 May 2018

Alternative service: how far does it go?

Potential claimants should be aware that the Court’s power to make an order for alternative service goes much further than simply allowing service by email. In certain circumstances, where there are no other practical options available, this can include unconventional methods of service such as text message, voicemail and social media. 

Hannah Fitzwilliam

27 May 2016

Proprietary Estoppel Claims – 2016 Case Update (Part 2)

Following ‘hot on the heels’ of the case of Linden v Burton (2016) the Court of Appeal have again been trying to grapple with the difficulties of proprietary estoppel claims in the case of Davis v Davis and Davis. 

Ryan Mowat

27 May 2016

Proprietary Estoppel Claims - 2016 Case Update (Part 1)

The recent cases of Linden v Burton (2016) and Davies v Davies and Davies (2016) demonstrate that there is life in the old doctrine of proprietary estoppel.

This blog reviews the first of these cases, which was an appeal in the Court of Appeal against a first instance decision declaring that a residential property was held on trust under the terms of which the first £33,522 in equity is held for the respondent to the appeal, Ms Liden, on the basis of proprietary estoppel.
 

Ryan Mowat

7 December 2015

A director must exercise his/her powers only for a proper purpose

Many obligations are imposed on directors in exercising their duties.  A recent decision of the Supreme Court provides that when exercising your powers as a director you must always consider the actual purpose for which you propose to exercise those powers and ensure that purpose is proper.  It is not sufficient simply for directors to act honestly to promote the success of the company for the benefit of its members as a whole. 

Fiona Simpson

27 October 2015

Fun and games, but not a sport - judicial review action determines bridge’s status

The courts appear to have intervened in the age old discussion as the English Bridge Union (“the Union”) lost its fight against Sport England in the High Court recently. 

Ben Hillman

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