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Dispute Resolution Law Blog

4 February 2014

Inheritance dispute: Will not suspicious enough for the court

The High Court has handed the latest blow to individuals looking to challenge a will on the ground of ‘want of knowledge and approval’ in the case of Tony Pittas v Katerina Christou and Eleni Loizou (2014). 

Ryan Mowat

4 February 2014

High Court rules on reasonableness of hourly rate charged by professional trustee

In the case of Alastair Mark Pullan v David Wilson & 2 Ors (2014), the High Court ruled that a beneficiary’s failure to challenge a trustee’s fees earlier amounted to acquiescence and prevented him from challenging their reasonableness, despite the fact that they exceeded what would normally be considered appropriate. 

31 January 2014

Developments to the Defamation Act

The Defamation Act 2013 ("the Act") came into force on 1 January 2014 seeking to “overhaul the libel laws in England and Wales and bring them into the 21st century, creating a more balanced and fair law”. The call for reform arose primarily from the widely recognised viewpoint that a fairer balance needed to be struck between the protection of an individual’s reputation and the right to freedom of expression.  The new Act aims to simplify the law and address some of the more alarming trends developing in recent years such as individuals and companies specifically choosing London as the place to litigate their defamation claims considering the Courts in England and Wales to be largely pro-claimant. 

Katherine Pymont

27 January 2014

Anti-social media – how the law can tackle online abuse and harassment

The issue of online abuse, particularly aimed at celebrities and high profile people, has come to the fore again this week. Former footballer and sports pundit, Stan Collymore,accused Twitter of not doing enough to protect its users having been subjected to racial abuse and threats of violence (seemingly because he gave his opinion that Luis Suarez dived to win a penalty for Liverpool), and Isabella Sorley and John Nimmo were jailed after they subjected Caroline Ciado-Perez, a high-profile feminist, and Stella Creasy, an MP, to online abuse after their campaign for a woman to appear on a Bank of England note. 

Ryan Mowat

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

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