Blog
Share plans and proprietary estoppel: be careful what you promise
Samuel Sherr
25 April 2013
Professional negligence claims - the breach must cause the loss
Negligence claims against professionals, such as financial advisors, solicitors, accountants and surveyors have been on the rise in recent years, and numbers are expected to continue to grow. This is due to an increased reliance on the advice of professionals (in both a personal and business context), claimants’ raised awareness of their legal rights, and the increasingly complex nature of work carried out. Further, in tough economic times, financial losses are often more evident.
24 April 2013
Twitter users - how to avoid ending up in court
Lord McAlpine won the first stage of his libel battle against Sally Bercow, the Common’s speaker’s wife, last week. Mr Justice Tugenhadt ruled that the High Court should first decide whether Ms Bercow’s tweet to her 56,000 followers in November 2012 - "Why is Lord McAlpine trending? *innocent face*" – was capable of being defamatory. If Lord McAlpine is successful, the level of damages will be decided a subsequent hearing.
16 April 2013
Inheritance claims by spouses rise with number of remarriages
Claims under the Inheritance (Provision for Family and Dependants) Act 1975 (“the Act”) are on the rise. According to a Law Commission Report presented to parliament last year, it was estimated that in the past three years more than 1000 claims under the Act have been formally commenced in court. At Kingsley Napley, we have noticed a particular increase claims under the Act by spouses and cohabitees, especially where one or more the parties have been married previously and/or they have children from an earlier relationship.
10 April 2013
Litigation and internal investigations: managing data risks to limit the damage caused by a sudden crisis
Caroline Jan looks at the risks associated with storing and maintaining data and sets out guidance to help companies manage exposure in the event of an investigation or litigation.
2 April 2013
Invalid Wills – the challenge of proving lack of ‘testamentary capacity’
In 2013, the courts have held in two different cases (both involving warring siblings contesting a deceased parent’s estate where one sibling had been cut out of the deceased parent’s last will) that there was insufficient evidence to declare a Will invalid on the ground that the testator lacked ‘testamentary capacity’. However, in both cases, the disputed Wills were declared invalid on the ground of ‘want of knowledge and approval’.
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