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Dispute Resolution Law Blog

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

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.

Anna O’Carroll

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.

Katie Allard

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