Blog
Kingsley Napley’s Medical Negligence Team ‘walks together’ with the Dame Vera Lynn Children’s Charity
Sharon Burkill
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.
16 January 2014
How can I challenge a freezing order over my assets?
The purpose of a freezing order is to prevent you from disposing or dealing with your assets so that you cannot put your assets beyond the claimant’s reach should the claimant obtain and wish to enforce a judgment against you.
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.
9 December 2013
Disputing a Will based on undue influence – a challenge for Claimants?
In England & Wales, you have the right to leave your estate to whoever you choose – but a surprise beneficiary or unexpectedly large gift may cause alarm bells to ring for those left behind. At a time when emotions are high, suspicions surrounding the reasons why a Will may have been changed to add a new beneficiary or alter significantly the size of a gift, are likely to be rife. However, while there may be elements of mistrust, it can be very hard to effectively prove that the deceased’s decision making process in executing the Will was undermined by the influence of another person and that the Will is invalid on the grounds of undue influence.
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.
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