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Dispute Resolution Law Blog

12 March 2018

Does the decision in Bilta represent a more generous interpretation of litigation privilege?

Bilta (UK) Ltd & Ors v Royal Bank of Scotland Plc & Anor [2017] EWHC 3535 (Ch) involved a claim against RBS for alleged fraudulent trading in connection with VAT fraud. (Please note that the Court of Appeal judgement on this case has since been published).

Richard Foss

6 March 2018

“But you promised me!” – Are promises enough when someone passes away?

The recent judgment in the case of Habberfield v Habberfield [2018] EWHC 317 Ch is another of a growing number of judgments in which the claimant (and disappointed beneficiary) has pursued a claim on the grounds of proprietary estoppel.

Laura Phillips TEP

7 February 2018

Speak now or forever hold your peace: A daughter’s failed attempt to prevent her father’s remarriage and protect her inheritance

In the case of EJ (as attorney for DMM) and SD, the Court of Protection was asked to decide on the relevant test for establishing a person’s capacity to marry in circumstances where it would automatically revoke their will, and subsequently whether the requirements of that test were satisfied in this case.  

Katie Allard

2 February 2018

A recent court ruling on the forfeiture rule

The High Court recently exercised its discretion pursuant to Section 2 of the Forfeiture Act 1982 (“FA 1982”) in the case of Macmillan Cancer Support v Hayes and Long [2017] EWHC 3110

Katherine Pymont

24 January 2018

Time’s up! When does “late” become “too late” to make an application for provision under the 1975 Act?

The decision in the case of Sargeant v Sargeant [2018]EWHC 8 Ch was handed down last week. The Court held that the widow of a farmer was too late to make an application for reasonable financial provision from her husband’s estate; having made the application more than 10 years after the grant of probate was obtained. 

Laura Phillips TEP

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