Blog
Kingsley Napley’s Medical Negligence Team ‘walks together’ with the Dame Vera Lynn Children’s Charity
Sharon Burkill
15 December 2022
What does it take to create a trust? A reminder of the three C’s
Margulies v Margulies [2022] EWHC 2843 (Ch) is no less than the sixth set of proceedings between two brothers following the death of their father in 1991. This case is the latest in that series of proceedings and provides helpful pointers on the importance of certainty when drawing up inheritance plans. It also includes a useful summary of the law on cause of action estoppel and abuse of process.
9 December 2022
Litigation trends for 2023 - The metaverses – Tech’s next great schism
The ‘metaverse’ is one of the most hyped, and simultaneously poorly defined, concepts of the ‘new age’ of the internet’s evolution. To a certain extent a result of the vision promoted by Mark Zuckerberg when announcing Facebook’s pivot and rebranding to become ‘Meta’, the term conjures up images of fantastical worlds populated by other-worldly avatars.
7 December 2022
Challenging the registration of a Lasting Power of Attorney based on lack of capacity
People often consider executing a Lasting Power of Attorney (“LPA”) when they reach their later years, and their chances of suffering from a condition which may affect their cognitive ability increases. It is necessary for a donor (the person granting the LPA) to have capacity at the time it is signed pursuant to section 9(2)(c) of the Mental Capacity Act 2005 (“the 2005 Act”). If someone’s capacity has started to fluctuate, this can result in uncertainly as to whether the LPA was validly executed.
24 November 2022
Litigation trends for 2023 - ESG claims
ESG stands for “Environmental, Social and Governance” and is the metric used for measuring the sustainability and ethical impact of a business or company.
23 November 2022
Enough is Nuffield? Cross Class Cram Downs v landlords
The thorny issues of Restructuring Plans, “cross class cram down” and CVAs, have probably been dirty words in commercial landlord circles for some time. Landlords would be forgiven for feeling a bit hard done by too. These flexible restructuring tools, whilst hugely beneficial to struggling companies (like tenants), have been perceived as unfairly prejudicial to landlords’ interests. There is a growing scrapheap of authorities of unsuccessful challenges by landlords that arguably support this view from: JJB Sports plc (CVA)(2009), Debenhams (CVA)(2019) right through to recent examples like Deep Ocean (Restructuring Plan)(Jan 2021), New Look (CVA)(May 2021), Regis (CVA)(May 2021) and Virgin Active (Restructuring Plan)(May 2021).
- Alternative dispute resolution
- Claims against banks
- Costs Law
- Court of Protection Disputes
- Cross-border litigation
- Defamation, privacy & reputation
- Fraud
- Restructuring & Insolvency
- Intellectual property claims
- Legal updates
- Litigation process
- Professional negligence
- Shareholder and Boardroom Disputes
- Wills, trusts and inheritance disputes