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Publications

Members of Chambers edit or contribute to a number of leading textbooks, please click here for further details. They also write articles for relevant legal journals, with recent examples as follows:

Obtaining interest at 10% over base - how is that possible?

The Bank of England’s base rate is 0.25% and high street bank accounts pay little more, so how can interest of 10% over base be achieved? The answer is to be found in CPR Part 36.17(4) and the

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Bonds, difficult issues of interpretation, and the role of the trustee

In a recent Butterworths Journal of International Banking & Financial Law article, Jeremy Cousins QC looks at the surprising extent to which the Supreme Court was prepared, in BNY Mellon Corporate Trustee Services Ltd v LBG Capital No 1 plc and another [2016] Bus LR 725,  to take into account commercial background (including

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Spencer Bower: Reliance-Based Estoppel – 5th edition now available

Spencer Bower on Reliance-Based Estoppel, previously titled Estoppel by Representation, is the oldest leading textbook on the doctrines of reliance-based estoppel, by which a party is prevented from changing his position if he has induced another to rely on it such that the other will suffer by that change.

Radcliffe Chambers barristers Piers Feltham, Peter Crampin QC and Josh Winfield have co-written and revised this new edition, alongside Tom Leech QC of Herbert Smith Freehills and

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Wellbeing at the bar

Counsel Magazine have published our CEO, Fiona Fitzgerald’s views on the subject of health and wellbeing at the bar in their latest publication.  To read her views

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In Good Faith? What are the implications for Commercial Contracts?

These seminar notes by Dov Ohrenstein consider the impact of recent cases on how the Courts approach the questions of when to imply obligations of good faith and what such obligations mean.

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CPR Part 36 Offers – Problems in Practice

This article by Dov Ohrenstein addresses some of the practical issues that litigators regularly face when contemplating making or accepting CPR Part 36 offers and when arguing about the effect of such offers.

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Mark West reviews the recent decision of the Court of Appeal in Winterburn v. Bennett

Mark West looks at the recent decision of the Court of Appeal in Winterburn v. Bennett [2016] EWCA Civ 482 [link] which concerns the efficacy of Keep Out/Patrons Only-type signage in preventing the acquisition of prescriptive rights and provides advice and a list of practical steps in relation to such signage.

 

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How to run a wrongful trading case

Christopher Boardman discusses the judgment in Ralls Builders Ltd (No 2) with Lexis PSL and explains how this case is an example of the problems and difficult decisions directors of insolvent companies face when considering how to properly conduct themselves and avoid potential liabilities.

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Mark West considers the recent case of Mortgage Express v Lambert

In this case note, Mark West considers the recent decision of the Court of Appeal (17th June 2016) in which the cash-strapped occupier was the victim of an unconscionable bargain, selling her flat worth £120,000 for a mere £30,000. But could she, in addition to seeking to set aside the sale as against the fraudsters, also pursue an alternative claim to a leasehold interest in the flat? And could she fight off a possession claim by the new mortgagee? What was the legal character of the right to set aside the sale as an unconscionable bargain, how did that fit into the scheme of land registration and was she precluded from asserting her claim against Mortgage Express?

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Josh Lewison writes for Practical Law on the PSC Register and its impact on Trusts and Trustees

Josh Lewison, a specialist in matters concerning the new PSC register arising out of the Companies Act 2006, has written for Practice Law on how this impacts trusts and trustees.

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