Blog
Private prosecutions – A route to justice for the charity sector
Sophie Tang
21 July 2021
Causing Loss by Unlawful Means - the Dealing Requirement
In the recent case of Secretary of State for Health (“NHS”) v Servier Laboratories Ltd (“Servier”), the Supreme Court considered whether in cases involving loss caused by unlawful means, the unlawful means must have affected a third party's freedom to deal with the claimant. This is known as “the dealing requirement”.
20 July 2021
The distinction between “advice” and “information” negligence cases
The long awaited Supreme Court decision of Manchester Building Society v Grant Thornton provides some much needed and useful clarification on what constitutes and amounts to “negligent” advice.
28 June 2021
Spotlight on dementia: can you challenge a will despite the views of medical experts?
Alzheimer’s disease, the most common form of dementia, has been in the spotlight recently given a recent scientific breakthrough with the US approving the first new Alzheimer’s drug in 20 years. Light has also been shed on dementia and assessing testamentary capacity in the recent case of Hughes v Pritchard [2021] EWHC 1580 Ch. In this case, Mr Hughes, who suffered from moderately severe dementia was nevertheless deemed to have capacity at the time of amending his will by his GP, a view supported by a joint medical expert later instructed in the case. Despite this, his will was overturned by the judge on the basis that he did not have the requisite capacity to make the changes to his previous will, which were much more significant than the medical professionals, and indeed Mr Hughes, had appreciated.
21 June 2021
Buying property with crypto – are we transforming real estate?
The price of Bitcoin and other crypto assets is notoriously unstable. Whether caused by a cryptic crypto related tweet from a billionaire inventor, or a crypto crackdown being announced by regulators of the world’s second largest economy, the rise and fall of crypto assets continues to prove that crypto can be risky business.
21 June 2021
When does the clock start ticking on trustees’ negligence?
Matthew & Others v Sedman & Others [2021] UKSC 19
The Supreme Court recently handed down a judgment dealing with time limits in a “midnight deadline” case. The claim was brought by new trustees and beneficiaries of a will trust against the former professional trustees. The claim involved allegations of negligence against the former trustees, along with breach of trust and breach of contract.
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