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Dispute Resolution Law Blog

20 October 2017

Homemade wills and deathbed gifts – are they easier to challenge?

Homemade wills are, generally, easier to challenge. There are a number of things which a court will be looking for when it considers whether a testator was capable of making a will. Firstly, the person must have the requisite mental capacity to make a will. They must also know and approve the contents of that will.  

Laura Phillips TEP

19 October 2017

SAAMCO reinforced: Clients may bear the weight of their own commercial misjudgements

The SAAMCO principle, derived from the case of South Australia Asset Management Corp v York Montague Ltd  [1997], established that for loss to be attributable to  a professional’s breach of duty  (and therefore recoverable), the loss must come within the scope of the duty of care owed.  The principle affirms that a professional will not be liable for all or part of a loss that arises from risks which are not within his duty to protect the client against. 

Jemma Brimblecombe

5 October 2017

Fiona Simpson examines the merits of the Shorter Trials Scheme

In September 2015 the Shorter Trials Scheme (STS) was introduced to run as a pilot from 1 October 2015 to 30 September 2018 for cases in certain sections of the English High Court – the Commercial Court, the Technology and Construction Court, the Chancery Division and the Mercantile Court.

Fiona Simpson

4 September 2017

How long will it take and how much will it cost?

Two questions invariably asked by prospective clients who are considering bringing, or who have no choice but to defend, a civil claim are:

  • How long will it take to get to trial; and
  • How much will it cost?
Fiona Simpson

29 August 2017

Testing times: how to determine if a Respondent has assets

In July 2017 the Court of Appeal considered what test should be applied to determine whether a Respondent has sufficient assets which would be caught by a freezing injunction to justify the granting of such an injunction.

Mary Young

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