T died in 2022 leaving no surviving spouse or children. Unfortunately, her will dated October 2014 was badly drafted and ambiguous and the PR brought a Part 8 claim for clarification. Under separate proceedings, attempts were being made to remove the executor in favour of the substitute executor named in the will. The judge Cadwallader …
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Protecting a charging order is important and therefore any application to HMLR must be made promptly and correctly. An interim or final charging order that charges the legal estate may be protected by the entry of a notice in the register. A charging order that charges a beneficial interest under a trust of land cannot …
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HMLR has been swift to update section 2.1 of PG40 (HMLR plans, supplement 4, boundary agreements and determined boundaries) following a recent CA case (reported in ‘land’ below). Section 2.1 now reads: ‘2.1 How boundary agreements work There is a rebuttable presumption that a boundary agreement does not involve the transfer of any land, and …
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The SC has heard a case regarding the right of a trade union to sue as a third party. The case summary is as follows: ‘Background to the Appeal The issue in this appeal is in what circumstances does a trade union have the right to sue as a third party for breach of a …
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This case is one of the highest value FR cases involving business valuations to reach trial. The parties embarked on married life with virtually no assets. By the time of separation around 30 years later, they had accumulated assets of more than £260m – mostly business assets. H had started a software business in 1999 …
Continue reading “Financial remedies – high-value business assets; Wells sharing”
PG19 (Notices, restrictions and protection of third-party interests) is a very important practice guide for property practitioners. The anti-fraud restriction (Form LL) is also important. HMLR has updated sections 3.1.5.8 and 3.7.2 of PG19 to clarify HMLR’s requirements for compliance with, or removal of, a Form LL or company counter-fraud restriction by an insolvency practitioner, …
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The judge was not prepared to say a foreign judgment should not be recognised on grounds it was fraudulently obtained. ‘There are too many imponderables at play, notwithstanding my suspicions,’ the Recorder stated. This case involved hidden assets and complications arising out of foreign litigation. The parties married in 1999 and have three children. They …
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Practitioners will be interested to know that judicial guidance on the use of AI in court proceedings has been updated. It makes clear that it is for judges to advise litigants that they are responsible for AI-generated information presented in court, just as they are for any other types of evidence. The Courts and Tribunal …
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Two new sentencing guidelines are now in force for offences of blackmail, kidnap and false imprisonment. The guidelines came into effect on 1 April 2025 and concern: blackmail under s21 Theft Act which is triable only on indictment and carries a maximum custodial sentence of 14 years; and kidnap/false imprisonment at common law, also triable …
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The EAT has heard an interesting case involving the use of offensive language by an employee on a workplace communication forum (in this case, Slack). The two limbs to the amended grounds of appeal are that the ET: Should have considered whether the use of the language itself arose directly from the claimant’s disability. The …
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