Bowser v Smith [2023] EWCA Civ 923
Judgement has been handed down by the Court of Appeal in Bowser v Smith [2023] EWCA Civ 923, in which Edward Hicks was instructed by Polly Stephenson of Ashtons Legal. This is a cautionary tale highlighting the risks to Personal Representatives (PRs) in aggressively pursuing an application for the removal of their co-executor, the need […]
Radcliffe Chambers ranked highly in Chambers High Net Worth Guide 2023
We are delighted that Radcliffe Chambers and 19 of our members have been ranked once again in the Chambers and Partners High Net Worth Guide for Chancery: Traditional. Congratulations to our barristers and clerks for receiving such fantastic feedback, which includes “The barristers at Radcliffe Chambers are exceptionally well placed to handle complex matters. They […]
Blessing, Immunity and Abuse of Process
Chaired By David Mohyuddin KC and Daniel Burton, who both appeared on behalf of the successful respondents in the Court of Appeal in Denaxe Ltd v Cooper & Rubin [2023] EWCA Civ 752, this talk includes a discussion of the decision and the practical implications for trustees and officeholders who might seek the court’s approval for something they […]
60-seconds with Thomas Dumont KC
Thomas Dumont features in the most recent edition of ThoughtLeaders4 Private Client Magazine issue 11. The article titled ’60-seconds with Thomas Dumont KC’ can be found here.
Proving Foreign Law by Josh Lewison
In this article, published in TL4 Private Client Magazine issue 11 – Offshore Edition, Josh Lewison discusses foreign law in relation to contentious trust cases, and how the courts of one jurisdiction will likely apply the law of a different jurisdiction where there can be a divergence of proper law, centre of administration and location […]
Morton v Morton [2023] EWCA Civ 700
On Tuesday 20 June the Court of Appeal handed down (a remarkably swift) judgment in the case of Morton v Morton [2023] EWCA Civ 700, which involves a family farming partnership and estoppel. Thomas Dumont KC and Jonathan Edwards, instructed by Paul Barrow of Quinn Barrow Solicitors, represented the successful appellants. The proceedings at first […]
James Main v SpaDental (1400999/2019)
Jamie Cockfield, instructed by Trowers & Hamlins LLP, was successful for the Trustee in Bankruptcy in the case of James Main v SpaDental Limited in the Bristol Employment Tribunal (Case Number: 1400999/2019). The Claimant, Mr Main, issued proceedings in March 2019 in which he claimed holiday pay pursuant to the Employment Rights Act 1996 and Regulation […]
James v Scudamore [2023] EWHC 996 (Ch)
Matthew Mills, instructed by Birkett Long LLP, appeared for the successful Third Defendant in James v Scudamore [2023] EWHC 996 (Ch). The decision is the leading authority on when a probate claim will be barred by delay. At paragraph [197], HHJ Matthews summarised the key legal principles as follows: Where a person having a right […]
Beddoes and Blessings: Back to Basics – webinar and podcast
In this Junior Programme: Private Client seminar Daniel Thorpe and Emma Loizou presented on Beddoe and Public Trustee v Cooper [2001] and discussed the risks of a breach of duty and when a trustee should and should not apply to court in connection with an actual or proposed course of action. Please find the presentation slides, here. Junior […]
Watts v Watts [2023] EWHC 679 (Ch)
In a case that has attracted much media attention, last week Master Clark handed down judgment in a case concerning an allegedly forged will. The Claimant, Carlton Watts, had brought proceedings against his mother, Jobyna Watts, for allegedly forging her late husband’s will (“the Will”). Mr Watts alleged Ms Watts had used the will of […]
