Dispute Resolution Law Blog

9 December 2013

Disputing a Will based on undue influence – a challenge for Claimants?

In England & Wales, you have the right to leave your estate to whoever you choose – but a surprise beneficiary or unexpectedly large gift may cause alarm bells to ring for those left behind. At a time when emotions are high, suspicions surrounding the reasons why a Will may have been changed to add a new beneficiary or alter significantly the size of a gift, are likely to be rife. However, while there may be elements of mistrust, it can be very hard to effectively prove that the deceased’s decision making process in executing the Will was undermined by the influence of another person and that the Will is invalid on the grounds of undue influence.

Katherine Pymont

2 December 2013

High Court awards costs on indemnity basis for “hopeless” summary judgment application

In the case of Simmons & Simmons LLP v Charles Hickox [2013] EWHC 2141 (QB), the High Court has held that a defendant who applies for summary judgment on a point of law which he knows, or ought to have known, was not justified should pay the costs of the application on the indemnity basis. 

18 November 2013

Court of Appeal disallow Inheritance Act claim brought outside limitation period

In the case of Berger and Berger [2013] EWCA Civ 1305, the Court of Appeal has refused permission for a surviving spouse to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 nearly six and a half years after a grant of probate was issued

Katie Allard

6 November 2013

High Court finds contract to have been formed in two different jurisdictions

In the case of Conductive Inkjet Technology Ltd v Uni-Pixel Displays Inc [2013] EWHC 2968 (Ch), the High Court has found that, for the purposes of establishing whether the English court has jurisdiction, a contract was formed in two different jurisdictions. 

29 October 2013

Another victory for the banks in interest rate swap misselling claims

In a recent blog, Interest rate swaps: Potential Causes of Action in Misselling Claims, we detailed the recent case of Green v Royal Bank of Scotland Plc (commonly referred to as the Green and Rowley case), a case involving Mr Rowley, a hotelier and property developer, and his business partner Mr Green, a residential lettings agent, and their claim against RBS for an interest rate swap agreement which was sold to them in 2005. 

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