Dispute Resolution Law Blog

31 March 2020

Alok Sharma shakes up insolvency laws

Last week and, again, on Saturday 25 March 2020, the government announced plans to introduce changes to current insolvency laws to ease pressures on UK businesses being caused by the global pandemic, COVID19. See latest announcement here.

Daniel Staunton

27 March 2020

Are there any lessons to be learnt from the two most recent farming inheritance cases?

This article was first published by Farming UK on 26 March 2020.  In the last fortnight, at a time when many are updating their wills, reflecting on their estates and what is in store for future generations, the courts have handed down two more decisions relating to farming inheritance cases. These are not uncommon. In 2018, there were 7 proprietary estoppel cases related to farming, or farming partnership disputes out of a total 12 proprietary estoppel claims.  

Laura Phillips

23 March 2020

The law of confidence -v- admissibility: DSM SFG Group Holdings Ltd & Ors –v- Kelly [2019] EWCA Civ 2256

The decision of the Court of Appeal in DSM SFG Group Holdings & Ors –v- Kelly provides a reminder of the tension between the law of confidence, and the principle of English law providing that evidence remains admissible in civil proceedings regardless of whether it has been obtained unlawfully. The decision of the Court of Appeal in DSM SFG Group Holdings & Ors –v- Kelly provides a reminder of the tension between the law of confidence, and the principle of English law providing that evidence remains admissible in civil proceedings regardless of whether it has been obtained unlawfully.

Richard Clayman

23 March 2020

Children and Protected Parties – Can they Participate in Trust and Probate claims?

In many cases where there is a dispute over a trust or estate, one or more of the potential parties will be a minor child (that is, aged under 18). Cases may also involve parties who do not have the requisite mental capacity under the Mental Capacity Act 2005 to engage in litigation. Such parties are commonly referred to as ‘protected parties’.

Kate Salter

20 February 2020

Has the law of contract been compromised?

A cautionary tale can be learnt from case of Neocleous v Christine Rees [2019] EWHC 2462 (Ch) a decision of the Manchester County Court which demonstrates how binding contracts can be inadvertently formed through the exchange of emails. Neocleous was a timely decision as it followed shortly after the publication of the Law Commission’s 4 September 2019 report Electronic execution of documents that the law now recognises a variety of different electronic signatures as legally binding.

Daniel Staunton

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