Preparing for A Mediation Appointment As time progresses mediation is being utilised more and more as a result of the significant benefits it provides to parties, including the ability to resolve disputes more quickly and less expensively than court proceedings. Tactics and advocacy utilised during mediation appointments vary greatly between representatives and indeed different disputes … Continue reading
Earlier this year the conflicting authorities of Bhusate v Patel [2019] EWHC 470 (Ch) and Cowan v Foreman and others [2019] EWHC 349 (Fam) cast doubt on the use of standstill agreements in respect of claims intended to be brought under section 2 of the Inheritance (Provision for Family and Dependants) Act 1975 (“the Act”). … Continue reading
Section 4 of the Inheritance (Provision for Family and Dependants) Act 1975 (“the Act”) provides that claims under section 2 of the Act must be made within six months of the date on which the representation with respect to the estate is taken out, unless the court gives permission for such a claim to be … Continue reading
In the well-publicised case of Barton v Wright Hassall LLP [2018] UKSC 12, Lord Sumption, with whom Lord Wilson and Lord Carnwarth agreed (Lady Hale and Lord Briggs dissenting), stated: “The rules provide a framework within which to balance the interest of both sides. That balance is inevitably disturbed if an unrepresented litigant is entitled … Continue reading
Following consideration having been given and the determination made that the Mitchell/Denton principles apply in a given situation the mind must turn to the manner in which those principles are likely to be applied in the relevant circumstances. Given the nature of the discretion afforded to the court in an application for relief from sanctions … Continue reading
Following the implementation of the Mitchell/Denton principles compliance with rules and practice directions has become far more important than it previously had been. Whilst the additional clarification given in Denton has provided a greater understanding of what is expected when seeking to apply for relief from sanctions there remain many examples of misunderstandings and misinterpretations. … Continue reading
The presence of Litigants in Person (LiP) in court proceedings is now commonplace. The proportion of cases that involve a LiP on both sides of a dispute continues to rise as do those cases where at least one party is a LiP. In the former, whilst of course not ideal as the assistance of a … Continue reading
Many claims under the Trust of Land and Appointment of Trustees Act 1996 (“the Act”) seek an order for sale of the property in question, however it may be the case that the claimant does not want the property to be sold, but instead to retain it as a sole owner, effectively removing a co-owner … Continue reading
The stress and cost of financial remedy proceedings are often overwhelming for couples unfortunate enough to have to endure them. However spare a thought for those for whom jurisdiction is in issue; the parties effectively have to fight over the correct jurisdiction in which to have the fight. The Court of Appeal recently considered when … Continue reading
Following the recent decision in Ilott v The Blue Cross and others [2017] UKSC the High Court has recently had the opportunity to consider the issue of reasonable financial provision in Thompson v Ragget and others [2018] EWHC 688 (Ch), this time from the point of view of a cohabitee. The Facts The claimant, aged … Continue reading
In modern times it is becoming more and more prevalent for couples to live together without marrying and as such disputes over ownership of property arise more frequently. The recent case of Culliford and another v Thorpe [2018] EWHC 426 (Ch) afforded the Chancery Division the opportunity to consider what was required to constitute a … Continue reading
When advising clients as to their prospects of success at trial there are a number of variables that may impact upon the outcome, one of which is the credibility of an expert witness upon whom the client’s case is reliant. Experts are of course instructed for their expertise in a certain area however as is … Continue reading
In bygone years it was perhaps the norm to marry young and to do so with your childhood sweetheart. However as time passes, society evolves and nowadays it is far more likely that parties will marry later in life, or multiple times. As a result there is a greater likelihood that one or other of … Continue reading
It is common practice for married, or even unmarried, couples to enter into what are commonly referred to as mirror wills, the usual format being that they will each leave their respective estate to the other on death and thereafter to any children they may have should the other predecease them. In the event that … Continue reading
As is often the case when a new procedure is introduced, the requirements and boundaries of that procedure are often tested in several different ways to enable practitioners to find its limits, to that extent costs budgeting has been no different. Case Law In Harrison v University Hospitals Coventry & Warwickshire NHS Trust [2017] EWCA … Continue reading
Throughout a marriage, more often than not, the parties see themselves as a team, contributing either financially or otherwise for their common good. On divorce, self-interest habitually becomes the priority. However, more frequently than one would hope, the intention of a party can be to make their former spouse suffer, indeed in some instances that … Continue reading
Testamentary freedom has long been recognised in English law, the ability of an individual to dispose of their assets as they wish. Default intestacy provisions apply where there is no will however the testator’s intention as provided for in their will takes priority. The only qualification to this rule is that now contained within the … Continue reading
Forfeiture can be a difficult labyrinth to navigate. One aspect that often proves problematic is ensuring that any right to forfeit a lease arising from a breach of the lease is not waived by the landlord. Given the numerous ways that such a right can be waived it is possible to do so inadvertently, which … Continue reading
Parties are advised that if they do not attempt mediation or other forms of ADR then there may be cost consequences, but what are those consequences in practice? Conversely, if one party has been trying to mediate throughout proceedings but has been met with refusals by the other side, is there anything they can do … Continue reading
A common sight in most, if not all, long leases of residential property is the phrase ‘such consent not to be unreasonably withheld,’ but what does that provision actually mean? The High Court recently considered the point in relation to assigning or underletting a lease of residential premises. Case Law The case of No.1 West … Continue reading
Whilst addressing the Chartered Institute of Arbitrators at its recent mediation symposium, Lord Justice Briggs set out his recommendations for the future of the civil dispute resolution process. Briggs proposed a three-stage process whereby cases would first be referred to an automated ‘triage’ where the merits of the case would be considered, followed by arbitration … Continue reading
Prior to commencing proceedings there are a number of issues to consider such as the cause of action, any relevant limitation period, not to mention advising the client of the potential costs consequences. As such it is easy to overlook the more administrative matters such as ensuring that the correct court fee is paid. However … Continue reading
CPR rule 57.7(1) reaffirmed the existing requirement that in order to bring a probate claim a party must have an “interest” in the estate.[1] Earlier authority[2] had established that a creditor of an estate does not have a sufficient “interest” in the estate to allow them to challenge the validity of a will. But what … Continue reading
Section 21 of the Housing Act 1988 is a provision often used by landlords to gain possession of residential property on expiry of a tenancy. It is, by design, an ‘accelerated’ procedure which, usually, is a far more streamlined means for a landlord to gain vacant possession than the section 8 alternative. The Supreme Court … Continue reading
In the complex arena of financial remedy proceedings there are many legal issues to navigate, however there are of course those elements that are seen as more of a procedural nature and as such can sometimes be neglected. One such aspect is the application for and granting of Decree Nisi, an issue recently considered by … Continue reading
Following on from the recent case of Marks & Spencer v BNP Paribas [2015] UKSC 72, the issue of implying a term into a lease has been revisited, this time by the Chancery Division of the High Court. Caselaw In Iceland Foods Ltd v Aldi Stores Ltd [2016] EWHC 1134 (Ch) the court was concerned … Continue reading
As is often the case, the first attempt at a new process is not perfect and requires tweaking as time goes on; cost budgeting is no different it would seem. Having noted that the budgeting process is utilising a great deal of court time and resources, efforts have recently been made to streamline the process; … Continue reading
Forming a partnership is an act achievable by anyone. Seasoned commercial veterans may enter into lengthy negotiations to determine their specific aims and roles within the partnership, or two friends having a drink in a bar may decide they have come up with a great idea and want to put it into action. The only … Continue reading
In recent times the economic downturn has affected everyone, and commercial giants are no different. Well known brands have had to reconsider their business plans and in many instances look to cut costs. In the retail sector the largest cost is often that of the store itself. Making the decision to close a store is … Continue reading