Blog
Supreme Court clarifies VAT group rules in Prudential v HMRC
Waqar Shah
24 September 2020
Think twice: might the estate be insolvent?
This blog focuses on two practical considerations that should be borne in mind when dealing with an estate where there are any suspicions that the value of the assets when realised may be insufficient to meet all debts and liabilities in full.
21 September 2020
The Rhinoceros in the room: are company voluntary arrangements contracts enforceable by third parties?
In the recent case of Re Rhino Enterprises Properties Ltd & Anor [2020] EWHC 2370 (Ch) the court held that it was at least strongly arguable that a company voluntary arrangement (a “CVA”) was not a contract for the purpose of s.1(1) of the Contracts (Rights of Third Parties) Act 1999 (“the C(RTP)A”).
16 September 2020
Court makes Search Order in COVID times
A search order, made pursuant to section 7 of the Civil Procedure Act 1997 and CPR Part 25, is one of the most draconian orders the English civil courts can make. No Respondent really wants a search team to enter their premises but because of Covid -19 the search team is even less welcome than usual.
3 September 2020
Glover v Barker – Cost Orders against Litigation Friends
It is not uncommon in claims involving trusts and estates for one or more of the parties to be a child or other protected party. This is particularly true of claims under the Inheritance (Provision for Family and Dependants) Act 1975 and in cases involving trusts with minor beneficiaries. The procedures for litigation by or on behalf of a protected party are covered by Part 21 of the Civil Procedure Rules.
2 September 2020
When settlement advice goes wrong
Solicitors and barristers owe a duty to their clients to act with reasonable care and skill at all times, not least when conducting settlement negotiations and providing advice on settlement. With the majority of claims settling outside of court, common complaints of negligence in this area include giving incorrect or negligent advice about settlement offers, failing to properly assess the value of the claim or advising a client to “under settle” a claim.
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