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Keeping the peace at Christmas – top tips for shared parenting over the festive season
Lauren Evans
6 January 2017
Trust Litigation Cases – 2016 Round Up
Throughout 2016 there have been some interesting and thought-provoking court decisions in the sphere of trust litigation. With decisions covering claims varying from breach of trust to rescission on the grounds of mistake, we set out some of the key cases of 2016 below.
16 December 2016
Who is on the hook?
Victims of identity theft or modern scams frequently suffer more inconvenience and stress than permanent financial loss. Customers of financial institutions and law firms can rely on safeguards in any number of transactions when falling victim to fraud or dishonesty. Liability, particularly where the underlying perpetrator is a speck on the horizon, increasingly lands at the door of professional advisers and their insurers. Quite recently, the High Court ruled that both a vendor’s and purchaser’s solicitors may be on the hook in certain property transactions.
9 December 2016
McKenzie Friend…or Foe?
It is a fundamental principle in this jurisdiction that parties to a claim through the courts may represent themselves. These litigants in person are entitled to advice or assistance, other than in exceptional circumstances. The term ‘McKenzie Friend’ derives from the appeal of divorce proceedings in McKenzie v McKenzie [1970] 3 WLR 472 in which it was held that a judge had erred in refusing to permit Mr McKenzie to be accompanied in court by his friend.
1 December 2016
Who is liable for the acts of a fraudulent vendor?
P&P Property Limited –v– (1) Owen White & Catlin LLP (2) Crownvent Limited t/a Winkworth [2016] EWHC 2276 (Ch):
This case serves as a welcome decision for professionals when considering where to pin the blame (and liability) in circumstances where a vendor in a property transaction turns out to be fraudulently impersonating the true owner.
1 December 2016
Litigation funders liable for indemnity costs in Excalibur
Recently, the Court of Appeal dismissed the appeal of the litigation funders in Excalibur Ventures LLC v Texas Keystone Inc, holding them liable for indemnity costs. The appeals were the result of a “speculative and opportunistic” claim by Excalibur to a share in a number of oil fields in Kurdistan in the sum of US$ 1.6 billion.
- Alternative dispute resolution
- Claims against banks
- Costs Law
- Court of Protection Disputes
- Cross-border litigation
- Defamation, privacy & reputation
- Fraud
- Restructuring & Insolvency
- Intellectual property claims
- Legal updates
- Litigation process
- Professional negligence
- Shareholder and Boardroom Disputes
- Wills, trusts and inheritance disputes