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Dispute Resolution Law Blog

30 May 2017

The difficulties (but not impossibility) of challenging wills prepared by solicitors

In recent years we have noticed an increase in claims being brought which challenge the validity of a will. The reasons for this increase have been previously commented on by many, but the general feeling is that an increasing elderly population, an increase in the diagnosis of medical conditions such as dementia, and even perhaps a growing sense of entitlement by hopeful beneficiaries are all contributing factors. 

Laura Phillips TEP

11 May 2017

Contesting a forged or fraudulent will

A look at the case of a young widow who faked the will of her late husband.

Katherine Pymont

6 April 2017

Third Parties now subject to draconian Search Orders

A search order is the most draconian order that the English civil courts can make. Such orders allow a Claimant’s solicitors without notice to enter a Defendant’s residential or business premises to search for, copy, remove and detain documents, information and documents (hard copy and electronic).

Fiona Simpson

5 April 2017

Companies and directors of larger companies face criminal prosecution and unlimited fines for non or misreporting of payment practices

On 6 April 2017, new criminal offences for companies and directors will be introduced when the Reporting on Payment Practices and Performance Regulations 2017 (“the Reporting Regulations”) come into effect. Similar Regulations relating to limited liability partnerships (LLPs) will also come into force. 

29 March 2017

Pre-Action Protocol for Debt Claims comes into force on 1 October 2017

The Ministry of Justice has published the Pre-Action Protocol for Debt Claims (the “Protocol”), which comes into force on 1 October 2017. The Protocol applies to any business (including sole traders and public bodies) claiming payment of a debt (the “creditor”) from an individual (including a sole trader) (the “debtor”). It does not apply to business-to-business debts unless the debtor is a sole trader.

 

Fiona Simpson

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