Blog
Share plans and proprietary estoppel: be careful what you promise
Samuel Sherr
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.
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
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