Barder: Exceptional and rare
The recent decision in Rehman v Hamid  EWHC 3692 (Ch) provides a useful reminder of the principles to be applied when determining the correct forum for a dispute arising in relation to a multi-jurisdictional estate.
The Business & Property Courts Witness Evidence Working Group has published its final report concerning reforms to the current practice surrounding witness evidence. The report shows that while there is broad consensus in favour of reform, there is a divergence of views amongst members of the legal profession and court users as to how it should be achieved. As such, the report’s recommendations are quite modest, especially when viewed against some of the more radical proposals considered by the working group.
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.
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.
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.
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