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Dispute Resolution Law Blog

4 October 2021

The Tail Wagging the Dog - Hourly Rates Review 2021

The Master of the Rolls, Sir Geoffrey Vos, has approved the new guideline hourly rates (GHR) proposed by the CJC and the Stewart committee which will come into effect on 1st October 2021.
These new rates are a result of the final report of the Civil Justice Council released at the end of July 2021 and the forerunning consultation that took place between 8 January and 31 March 2021.

 

 

Michael Tyler

30 September 2021

Why the date of death matters for creditors of insolvent estates

Death does not release an individual from their debts and liabilities, nor does it allow transactions made to loved ones to escape challenge. This is so regardless of whether the transactions were made with the intention to defraud creditors.

30 September 2021

Bankrupt beneficiaries and risks for personal representatives

While testators generally have freedom to decide how to dispose of their assets in England and Wales, there are limits to this freedom, including where a beneficiary of the estate is made bankrupt. If the testator passes away during the course of the beneficiary’s bankruptcy, the legacy will usually pass to the trustee in bankruptcy for the benefit of creditors instead of to the beneficiary.

Anna O’Carroll

30 September 2021

Rising from the ashes

The government has introduced two separate pieces of legislation aimed at redressing the abuse of “killing off” companies to escape liabilities. One recently came into force, the other is currently before parliament.

7 September 2021

Clarity on costs for consumers of legal services: the guideline hourly rates

Whether the claimant or defendant, successful parties to civil litigation can be disappointed to hear that they are highly unlikely to recover all of their legal spend.  The losing party is only required to pay what is considered reasonable and proportionate.  A key feature in what is recovered is the reasonableness of the hourly rates charged by the successful litigant’s solicitors.

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