Dispute Resolution

In the recent case of Cooper v Chapman [2022] EWHC 1000 (Ch), a Will of which the executed copy had been lost and of which only a draft on a computer had been located was found to be validly executed and was admitted to probate.

The purpose of the BBLS and CBILS loan schemes (which closed to new applicants in March 2021) was to provide, temporary, emergency funding to legitimate SME and small businesses (which were UK taxpayers) to keep them afloat during the pandemic and stave off the threat of insolvency.

The judgment by the Court of Appeal in the recent case of Hughes v Pritchard [2022] EWCA Civ 386 revisits long-established law and serves as a useful reminder to practitioners advising clients in relation to these types of cases.

This quarterly civil fraud update provides a summary of reported decisions handed down in the courts of England and Wales in the period April - June 2022.

Mental Health Awareness Week, with its focus this year on the theme of loneliness, is a timely reminder of our duty to protect loved ones and elderly clients who might be vulnerable to financial abuse and undue influence.

Case updates quarterly round-up (1st quarter 2022)

The English High Court, in Mr Dollar Bill Limited v Persons Unknown and Others [2021] EWHC 2718 (Ch), has once again come to the rescue for victims of fraud – this time armed with a Norwich Pharmacal Order to be served outside the jurisdiction.

I have been compiling quarterly round ups of fraud-related cases since 2016. One of the insights this gives me is an idea of trends in the types of fraud that end up before the Courts of England and Wales. In addition to this, my business is often contacted by victims of fraud seeking redress, which provides a closer understanding of what fraudsters are up to and the impact of those actions.

The death of a loved one is an incredibly sad and difficult time for any family, and in the vast majority of cases those closest to the deceased are able to arrange an appropriate “send-off” which gives everyone the opportunity to pay their respects and say goodbye. Unfortunately however, there may be situations where the relevant parties cannot agree on the funeral arrangements, or what should happen to the deceased’s body. This blog considers who is legally responsible for deciding what happens to the body and how the Court has approached disputes in recent cases.

As family lawyers we help clients through challenging times when they may struggle to manage the overwhelming emotional impact of divorce. Until recently, they could be entitled to assume that any court proceedings would be heard in private and it would be highly unlikely for them to be reported in the media or for any documents to be available for any third party to inspect.

When a family member or loved one dies, sometimes the terms of their will, if they made one during their lifetime, can come as a surprise to those who survive them. For example the will might include unexpected beneficiaries, or certain beneficiaries might receive a greater or lesser share of the estate than others. Under the laws of England and Wales, a person has the freedom to leave their estate to whoever they choose and there is no legal obligation to provide for any particular family member or other individual. Therefore, whilst family members or individuals might regard the terms of the will as unfair or unexpected, the law will generally uphold the wishes of a testator set out in their will, if it has been validly made.

It is now two years since the first case of COVID-19 was reported, and the virus still continues to have a devastating impact around the world. As history shows us all too well, such times of crisis and economic downturn provide fertile ground for fraudsters and criminal opportunists. The current pandemic is no exception. From bogus COVID-19 cures to phishing emails and phony websites, scammers are taking advantage of peoples' fears as the pandemic persists. Unfortunately, the past few months have also seen a stark increase in instances of fraud against charities.

Data released by the Office of National Statistics 17 January 2022 show that Fraud offences reported in England & Wales grew substantially in the year to September 2021.

Being an avid tennis fan, in the small hours of 16^th January 2022, I checked my phone to see if Novak Djokovic was going to be able to compete for his 21^st Grand Slam title (surpassing Roger Federer and Rafa Nadal as the most decorated male tennis player in Grand Slam history) or whether his appeal would in fact be rejected leading to his deportation.

A Civil Fraud quarterly round-up (4th quarter 2021)

In the recent case of Apollo Ventures Co Ltd v Manchanda [2021] EWHC 3210 (Comm) an extension of time of almost five years was granted in the Defendant’s application for a stay under Civil Procedure Rules (“CPR”) Part 11 – disputing the Court’s jurisdiction.

Last month, the High Court handed down judgement in R (on the application of T M Eye Ltd) v Southampton Crown Court reinforcing the correct approach to applications for an award from central funds for the costs of a private prosecution. Despite clear ‘Jurisdictional error’ on the part of the Crown Court, the appellant court took the opportunity to warn private prosecutors; applications will not be approved ‘on the nod’.

The Supreme Court has closed the door to ‘opt out’ style class action claims for breaches of data protection legislation, in a unanimous judgment that rejected an attempt to make Google liable for ‘loss of control’ over users’ personal data without having to prove any loss.

The Supreme Court of England & Wales has this morning unanimously decided against the CPS in the Aquila case. The ruling confirms that a company’s property rights are not trumped by a criminal confiscation order.