News & Insights

Q: There is an assumption that where litigation relating to trusts is concerned, there is less personal cost risk to the parties, as they can ultimately look to the trust funds to pay their legal costs. Is that correct?

Although open to criticism for producing terms that are arguably too favourable to contractors, the forms of building contract produced by the Joint Contracts Tribunal (JCT) remain the most popular for use on construction projects in this country.

Under section 51(1) and (3) of the Senior Courts Act 1981, the Court has jurisdiction to award the costs of litigation to a non-party.

This note looks at what a landlord has to do to establish intention under the Landlord and Tenant Act 1954 (LTA 1954) ground (f), and/or ground (g), whilst also providing some practical guidance for landlords trying to establish it, as well as for tenants trying to challenge the landlord’s position.

At the heart of many trust disputes lies a dissatisfied beneficiary who objects to the decision the trustees have either already taken or indicated they are about to take.

On 3 January 2018, EU Directive ‘MIFID II’ will come into force, introducing a new requirement for certain entities (including charities and trusts) to acquire a Legal Entity Identifier (“LEI”) number from the London Stock Exchange (LSE) in order to continue to invest and trade in the UK financial markets from that date onwards.

This is often a difficult question to answer, first, for trustees and secondly for the Court.

Boodle Hatfield LLP acted for Mr. Thwaytes in his claim against fine art auctioneers Sotheby’s.

Companies wanting to raise new equity investment have various regulatory obstacles to contend with.

A lot has been made recently in the press about buyers of some of the UK’s most expensive homes avoiding stamp duty land tax (SDLT) by purchasing their home through a company.

The general principle behind the new Pre-Action Protocol for debt claims (“the Protocol” which came into force on 1 October 2017) is to provide the debtor with all the information, in order to make an informed decision and respond regarding payment or set out any issues they disagree with and to try and avoid involving the court where possible.

In Fielden -v- Christie-Miller and others [2015] EWHC 87 (Ch), trustees sought to have a claim brought against them based on proprietary estoppel struck out on the grounds that the statement of case disclosed no reasonable cause for bringing the claim pursuant to CPR 3.4 (2)(a) and, secondly, summary judgment because the claimant (in fact back part 20 claimant) had no real prospect of succeeding in the claim and there was no other compelling reason why the case should be disposed of at trial pursuant to CPR 24.2.

Clearing the fog…a promise is a comfort for a fool (unless it gives rise to an estoppel)

Can a landlord easily remove a commercial tenant from its property to carry out a redevelopment?

The rise of social media is irresistible.

Complex, speculative assets are increasingly common in family finances, making divorce settlements a legal minefield, especially for the less well-off spouse, writes Family Partner, Emily Brand.

The European Court of Justice has ruled that individuals have the right to have search engine results removed, where they may affect privacy rights.