‘A good account’ and ‘an update on claims under the Inheritance (Provision for Family and Dependants) Act 1975’ – Junior Programme: Private Client
In this Junior Programme: Private Client webinar Jonathan Edwards presented an update on Inheritance Act claims covering principles and recent cases. Matthew Mills discussed the duty on trustees and personal representatives to account to the beneficiaries and he covers when the duty to account applies, what an account should contain, and how to litigate over […]
Favourite Cases: Lyon v Home 1868 L R 6 Eq 655 – Josh Lewison
In this episode of favourite cases, Josh Lewison shares a story of undue influence from beyond the grave. Recorded July 2021. Favourite Cases is a Radcliffe Chambers project for August 2021, which takes a look at interesting and important chancery and commercial decisions. Find out more about how Radcliffe Chambers can support you with Private […]
What will probate litigation look like in the post-pandemic world? – Article by Katherine McQuail
Katherine McQuail was invited by Today’s Wills & Probate to look at post-pandemic probate litigation – what shape will this take and how professionals can adapt the advice they give to their HNW clients. This was a key topic at the Chambers’ Private Client conference in June 2021. Please read the piece in full here.
I(PFD)A 1975 Act cases and CFA success fees – Article by Kate Selway KC
The Court of Appeal will shortly give judgment in a case involving one of our members, Sophia Rogers; a much anticipated decision on the interaction between CFA success fees and awards for reasonable provision under the 1975 Act. This will be an important decision for all those who practise in this area of law. To […]
Removal and substitution of Personal Representatives under s 50 Administration of Justice Act 1985 – Article by Nathan Wells
Nathan Wells examines judicial guidance on the appropriate procedure for issuing and hearing claims for the removal/substitution of personal representatives and the preparation of evidence in such claims. Read the full article here. This article was first published in the New Law Journal on 18 June 2021 (www.newlawjournal.co.uk).
Bishop of Leeds v. Dixon Coles & Gill – solicitors’ fraud and limitations
Thomas Dumont KC (assisted by Poppy Rimington-Pounder, also of Radcliffe Chambers) and Derek Bambury & Lisa Henty of Browne Jacobson LLP succeeded in the Court of Appeal today in establishing that solicitors can (despite Lewin on Trustees’ view to the contrary) rely on the innocent trustees’ 6-year limitation period, even when their fraudulent partner had […]
Bird v Lantern Recovery & Others
Thomas Dumont KC and Matthew Fletcher & Ben Marsden of Gosschalks LLP have obtained a hugely successful outcome for their clients in a recent undue influence and forgery case, in the Business & Property Courts (the old Chancery Division) of the High Court. Following a two-week, hard-fought trial, their clients David Bird and Sharon Montgomery, […]
Video: ‘Proprietary Estoppel and Family Assets’ and ‘Revoking Wills’
During this webinar, Jonathan discusses the principles of proprietary estoppel as they have been applied in recent years, particularly in relation to family homes and farms, and how to assess the strength of the claim and whether the court is likely to award everything that was expected or only something less. Emma examines the different […]
Video: Beddoes and blessings – whether and whither? (Private Client Conference 2021)
Marcus Flavin discusses some recent interesting blessing and Beddoe decisions from Jersey and Henry Day considers some points arising from that aspect of the British Airways pension litigation, including the availability of Beddoe relief for appeals and the effect of a Beddoe order on settlement approval. This webinar is part of the Radcliffe Chambers […]
Changing nature of trust litigation – Article by Josh Lewison
Josh Lewison was invited by Today’s Wills & Probate to discuss how trust litigation is changing, and how dispute resolution tactics now call for the use of commercial and insolvency remedies. Please read the piece here.
