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Dispute Resolution Law Blog

28 June 2018

FCA Dear CEO letter on cryptoassets – a warning to firms

On 11 June, the UK Financial Conduct Authority (FCA) issued a “Dear CEO” letter on how banks should deal with the financial crime risks associated with “cryptoassets”. The FCA defines cryptoassets as publicly available mediums of exchange that feature a distributed ledger and decentralised system for exchanging value, such as Bitcoin and Ether. These assets are more commonly known as cryptocurrencies.

19 June 2018

The extent of restrictions placed on trustees by a trust deed (South Downs Trustees Ltd v GH)

This article was first published on Lexis®PSL Private Client on 5 June 2018. Click for a free trial of Lexis®PSL.

Laura examines the case of South Downs Trustees Ltd v GH and others, in which the court allowed a trustee to sell the trust’s entire shareholding in a company, even though the trust deed expressly restricted its power to sell if a loss of control would result.

Laura Phillips TEP

18 June 2018

Sign on the dotted line… Does a will need a witness’ signature to be valid?

No will shall be valid unless the testator’s signature is made or acknowledged by the testator in the presence of two or more witnesses present at the same time. Each witness must then attest and sign the will. 

Katie Allard

15 June 2018

Knowledge approval claim fails because the circumstances surrounding the will were not suspicious

On 13 June the High Court handed down judgment in the case of Gupta v Aggrawala and others, a claim brought by Rakesh Gupta who alleged that his late mother’s will (which favoured Rakesh’s younger brother, Naresh) was invalid due to lack of knowledge and approval. Kingsley Napley acted for Naresh in successfully defending the claim, with the Judge concluding that Rakesh had not shown any suspicious circumstances at all in relation to the testatrix’s knowledge and approval of the will.

Kate Salter

21 May 2018

Tenant Fees Bill: What does it mean for tenants?

Private renting in England is at its highest rate for over thirty years. It houses 4.7 million households and is the second largest tenure after owner-occupation. Against this backdrop, the Government has come under increasing pressure to make renting a property as affordable as possible. In particular, upfront payments required of prospective tenants in the form of fees and security deposits have been viewed as a particular barrier to households seeking accommodation.

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