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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:

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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Court of Appeal considers mortgage condition challenge

Malcolm Waters QC is interviewed for Lexis PSL by David Bowden about the Court of Appeal case of Alexander v West Bromwich Mortgage Company Ltd and its implications for Financial Services Practitioners.

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‘Friends and benefits’: an overview of the apportionment of contribution between directors guilty of misfeasance

Martin Ouwehand has contributed the April issue of the Corporate Rescue and Insolvency Journal, published by LexisNexis.

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Has the Town and Country Planning Act 1990 stood the test of time?

The 2015 Nigel Mayhew Memorial lecture given by Clive Moys to the City of Westminster & Holborn Law Society: ‘Has the Town and Country Planning Act 1990 stood the test of time?‘ has now been published in the Journal of Planning & Environmental Law.

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A review of testamentary capacity

Howard Smith considers how the concept of testamentary capacity has evolved over time, including the impact of the Mental Capacity Act and the importance of the ‘golden rule’

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