Dispute Resolution Law Blog

17 July 2014

Thinking of excluding children from your inheritance? It may be harder than you think

In England and Wales, you have the right to leave your estate to whomever you choose, as in the case of Sting who is choosing not to pass on his £180 million fortune to his children. But things become more complicated if you have assets in other countries.

Katherine Pymont

4 July 2014

Norwich Pharmacal order: providing assistance and information to another party – costs denied

Under the Norwich Pharmacal procedure the court can order that an individual or entity (the third party), who is not a party to court proceedings but who must be, innocently or not, mixed up in the wrongdoing, must assist a party to those proceedings (the applicant) by providing information or documents in respect of the (intended) proceedings.  The information/documents might be required to enable the applicant to identify the wrongdoer, to pursue its claim and plead its case fully, to identify the full nature of the wrongdoing and/or to trace assets. In these circumstances the usual costs rule followed by the court is that the party seeking the information bears the costs and expenses incurred by the third party in complying with the order and in providing that information. 

Fiona Simpson

4 July 2014

Ponzi schemes and boiler room frauds - if it sounds too good to be true, it probably is

Ponzi schemes and boiler room frauds are presented as ways to get-rich-quick.  How can you identify whether you have been a victim of these frauds and what civil actions could be taken going forward? 

1 July 2014

Legal update: High Court confirms that no specific form is needed to withdraw a Part 36 offer to settle

In the case of Supergroup plc v Justenough Software Corp Inc. (2014) the High Court confirmed that no specific form of written notice was required to withdraw an offer to settle made under Part 36 of the Civil Procedure Rules (often referred to as a  ‘Part 36 offer’). An offeror just had to serve something in writing which stated in terms that the offer was withdrawn. 

30 June 2014

The rise and fall of privacy injunctions

In May 2011 a committee chaired by the Master of the Rolls published its report “Super Injunctions, Anonymised Injunctions and Open Justice” as a result of concerns around the growth of the use of super-injunctions and the increasing frequency with which High Court proceedings concerning the misuse of private of information were being anonymised.

Ryan Mowat

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