New Guidance from the FCA on the Fairness of Variation Terms in Consumer Contracts – Article by Malcolm Waters KC
In an article for the Journal of International Banking and Financial Law, Malcolm Waters KC recently analysed the new guidance from the FCA on the fairness of variation terms in financial services consumer contracts. You can read the article here.
The Residential Nil Rate Band: A Path through the Maze – Paper by Charles Holbech
In late 2015, the Government introduced an additional nil rate band for inheritance tax purposes applying where a deceased person’s interest in their residence is “closely inherited” by their children and other descendants, known as the residential nil rate band (“RNRB”). The objective was to meet the criticism that the estates of persons, who are […]
Can a creditor with a disputed debt apply for an administration order? – Article by Kate Rogers
Radcliffe Chambers barrister, Kate Rogers, discusses whether a creditor with a disputed debt can apply for an administration order, based on the recent case ‘Berkshire Homes (Northern) Ltd v Newbury Venture Capital Ltd’, in which Matthew Weaver, also a member of Radcliffe Chambers appeared for the successful applicant. Kate’s article explores the factual background and key […]
Discharging a Court of Protection Security Bond After P Dies – Article by Matthew Mills
Matthew Mills’ article titled ‘Discharging a Court of Protection Security Bond After P Dies’ was recently featured in ‘Private Client Business’, published by Sweet & Maxwell. You can read the full article here.
Membership disputes in religious charities 2 – what to do if they arise – Article by Joshua Winfield
Joshua Winfield, in his new article, sets out five steps that should be taken by those engaging in proceedings to resolve a membership dispute involving an unincorporated charity, so that they can ensure a satisfactory outcome that minimises the risk and disruption to the charity. Read Joshua’s full article here.
Single Name Family Home Constructive Trusts – Article by Matthew Mills
Matthew Mills’ article titled ‘Single Name Family Home Constructive Trusts: Is Lloyds Bank v Rosset Still Good Law?’, was recently featured in ‘The Conveyancer and Property Lawyer’, published by Sweet & Maxwell. You can read the full article here.
London as a leading centre for dispute resolution after Brexit – Article by Shantanu Majumdar
Shantanu Majumdar discussed London’s position as a leading centre for dispute resolution following Brexit in a recent article for The Global Legal Post. You can read the article here.
Neutral sanctuary – or intimidating location? Article by Justin Holmes
One aspect of the decision of Charles J in ADS v DSM [2017] EWCOP 8 is causing Court of Protection practitioners a headache as explored below by Justin Holmes. Charles J criticised the parties, and a Court of Protection visitor, for interviewing P at the house of her son, where she lived, whilst her son […]
In Good Faith? What are the implications for Commercial Contracts? – Article by Dov Ohrenstein
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. The article can be accessed here.
CPR Part 36 Offers – Article by Dov Ohrenstein
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. A copy can be downloaded here.
