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Dispute Resolution Law Blog

18 January 2023

Trust and Estate Disputes Quarterly Round-Up: Q4 2022

This quarterly contentious trust and probate litigation update provides a summary of a cross-section of reported decisions handed down in the courts of England and Wales in the period October 2022 - December 2022.

Katherine Pymont

17 January 2023

Civil Fraud Quarterly Round-Up: Q4 2022

This quarterly civil fraud update provides a summary of reported decisions handed down in the courts of England and Wales in the period October - December 2022.

Mary Young

11 January 2023

Has the privilege ship sailed for parties who attempt to mislead the court following Lakatamia Shipping Co authority?

The power to override privilege is an exceptional remedy, one that was used in the case of Lakatamia Shipping Co Ltd and others v Su and others [2022] EWHC 3115 (Comm), in which the court ordered the release to a claimant of correspondence between the defendant and his lawyers, applying the fraud or iniquity exception to legal professional privilege. This was a case of exceptional circumstances in which the defendant had carried out one of the most serious campaigns of contempt before the English courts.

Fiona Simpson

10 January 2023

Make 2023 the year hourly rates are recovered in full

Much has been said about the Guideline Hourly Rates (GHR) following Samsung Electronics Co. Ltd v LG Display Co. Ltd [2022] EWCA Civ 466 and Athena Capital Fund v Secretariat of State for the Holy See [2022] EWCA Civ 1061. Paying parties rely on them and Judges at summary assessment feel bound to follow them, despite the potential damage they could do to the profession’s reputation in London given how the GHR compare to the market. However, there are positives and lessons to learn from these decisions.

Dale Gibbons

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.

Phoebe Alexander

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