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The Commercial Litigation Journal

Limitation: The need for speed

Watson, Farley & Williams

Andrew Ward, Pierre Welch and Leah Alpren-Waterman track time limits in rail franchise public procurement claims...

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Funding: Hats off

Walker Morris LLP

Michael Taylor, Gawain Moore, Duncan Lole and Gwendoline Davies weigh up a Court of Appeal decision on the adverse costs liability of litigation funders...

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Regulation: Funny money

Peters & Peters LLP

Keith Oliver, Amy Harvey and Amalia Neenan assess the impact of regulation and civil remedies on crypto-criminality...

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Practice: Your serve

Hill Dickinson LLP

Robert Danvers reports on dispensing with service...

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Search orders: Seek and ye shall find

Charles Russell Speechlys LLP

Stewart Hey, Rhys Novak and Simon Heatley discover new depths in search orders...

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Jurisdiction: A poultry dispute

39 Essex Chambers

David Sawtell discusses a free range in the choice of jurisdiction...

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Insights by Penningtons Manches Cooper: Cabin pressure

Penningtons Manches Cooper LLP

Clare Arthurs and Nicole Finlayson chart the course of legal advice privilege...

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Shareholder disputes: Getting your hands dirty

Clarke Willmott LLP

Peter Brewer considers the consequences of misconduct...

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Employment Law Journal

GDPR: Employee personal data – handle with care

Dentons

Rhodri Thomas and Marianne Hessey discuss the lessons from the €35m fine imposed on H&M for collecting and storing excessive personal information on employees...

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Social media: WhatsApp and the virtual water cooler – what are the risks and what can be done?

Fox Williams LLP

Joanna Chatterton and Ed Livingstone discuss how employee social media habits have changed since the imposition of lockdown in March, the risks these pose to their employer’s business and how to avoid the main pitfalls...

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Litigation: The impact of Covid-19 on the employment tribunals

Hogan Lovells

With employment tribunals facing an increasing claims backlog, Jo Broadbent and Katharine Savage examine how the system is adjusting in response to the pandemic and the key practical issues for tribunal users preparing for hearings...

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Government policies: What to expect in 2021

Fieldfisher

With IR35 reform and the Employment Bill put on hold in 2020 because of the pandemic, Richard Kenyon considers what the next 12 months may have in store for employers and their advisers...

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Brexit: What does the ‘points-based’ immigration system have in store for employers?

Lewis Silkin

Joanna Hunt examines the post-Brexit immigration system, including the key features of the skilled worker route and the position of EEA nationals who arrive in the UK before the end of 2020...

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Coronavirus Job Retention Scheme: Flexible furlough – an eleventh-hour reprieve

Doyle Clayton Solicitors

Alison Garrow sets out the key issues for employers and their advisers to consider following the extension of the furlough scheme to 31 March...

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Legal news: Employment update

Pinsent Masons

Aisleen Pugh and Sarah Munro round up recent developments affecting employers and their advisers...

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Religion and belief: Stoicism now considered a philosophical belief

Irwin Mitchell LLP

Shah Qureshi reviews the recent employment tribunal decision which determined that Stoicism qualifies for protection under the Equality Act 2010...

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Family Law Journal

International focus: The wedding and the sequel

Gall

Caroline McNally and Chantelle Woo explain why having two marriage ceremonies can have unintended consequences...

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Scotland: Keep the heid

Weightmans LLP

In the first of a two-part consideration, Fiona Turner and Noel Ferry compare divorce and dissolution in England and Wales and in Scotland...

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Schedule 1: The rich are different?

Burgess Mee

Schedule 1 claims are often associated with significant wealth, but Vikkie Chetcuti suggests that they may provide useful remedies in more modest cases...

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Children: Forewarned is forearmed

Clarke Willmott LLP

Sarah Wood-Heath highlights the value of pre-conception agreements and the weight that will be given to such agreements by the courts...

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Variation: To vary or not to vary

Paris Smith LLP

Heather Souter summarises the key considerations on an application to vary a financial consent order and the approach of the courts...

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Media access: Eyes wide open

Payne Hicks Beach

Sarah Williams considers an application by a journalist for a disclosure order in the context of steps towards further transparency in the family courts...

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Financial provision: A long shot

Mills & Reeve

Ellie Foster looks at the potential ramifications of the Covid-19 pandemic and the likelihood of a successful application based on Barder...

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Embryology: The way ahead

Seamus Burns

Seamus Burns considers the steps to be taken by fertility clinics for the resumption of treatment, including information, consent and the management of risk...

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Personal Injury Law Journal

Costs: Recovering inquest costs in successful civil claims: is it possible?

Serjeant's Inn

Yes, but the relevance of the inquest is key, says Anthony Searle...

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Procedure: Dissolved defendants

Civitas Chambers

Simon Hughes and Isabelle Knight examine the implications of the recent Court of Appeal decision in Cowley v LW Carlisle Ltd [2020]...

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Case report: Thimmaya v Lancashire NHS Foundation Trust (2020) Manchester County Court

Hailsham Chambers

Expert witnesses; unfit to act; third party costs order...

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Credit hire: Testing the limits of impecuniosity

Farrar's Building

Aidan O’Brien considers the ruling in Putta v Royal Sun Alliance [2020]...

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Causation: Statistics in medicine

Civitas Chambers

Ian Meikle considers the approach to causation in the clinical negligence case of Schembri v Marshall [2020]...

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Vicarious liability: Planning an office party? Read this first.

St John's Chambers (Chambers of Susan Hunter)

Matthew White looks at the risks for employers in light of the decision in Shelbourne v Cancer Research...

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Costs: Cashflow and the importance of payments on account of costs

4 New Square Chambers

Stephen Innes discusses the possibility of obtaining some money in advance of final assessments...

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COVID-19: Civil litigation in the time of Covid-19

2 Temple Gardens

Jessica Van der Meer, Isabel Barter and Luka Krsljanin provide an overview of how litigation is taking place in these unprecedented times...

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Procurement & Outsourcing Journal

Legislation: Going public

Millstream

Duncan Dallas sets out the new procurement thresholds...

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Planning: Illusive indexes

TLT LLP

Alexandra Holsgrove Jones and Katherine Evans report on the recent amendment to the indexation provisions of the CIL Regulations...

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Remedies: Perilous profits

Fenwick Elliott

Jeremy Glover examines the recoverability of overheads and profits as part of a damages claim...

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Technology: In a galaxy far far away

Mills & Reeve

Claire Williams summarises the latest government response to the Cybersecurity Directive...

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Energy: Be ever ready

Paris Smith LLP

Peter Kershaw answers some key questions on battery storage...

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Practice: Begin the beguine

Chris Hoyle

Chris Hoyle reflects on effective contract management...

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Supply chain: Spreading the word

Burges Salmon LLP

Patrick Parkin interrogates recent Crown Commercial Service guidance...

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Damages: We are (nearly) sailing

Womble Bond Dickinson

Helen Pearce and Sam Cave-Browne-Cave provide clarification on liquidated damages and the scope of final accounts...

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Property Law Journal

Restrictive covenants: A cynical breach

Brabners LLP

Oskar Musial and Helena Davies consider the case of Alexander Devine Children’s Cancer Trust v Millgate Developments Limited...

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Commercial landlord and tenant round-up: Key decisions despite Covid chaos

Walker Morris LLP

David Manda and Lewis Couth highlight some of the key cases to note...

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The Planning White Paper: Localism 2.0?

Dentons

Lucy McDonnell considers the successes and limitations of the Localism Act changes, and the ways the system may change again...

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Index-linked rent review: The court’s commercial approach to interpretation

CMS Cameron McKenna Nabarro Olswang LLP

Emma Pinkerton and Marcus Barclay look at Fancourt J’s recent decision on the unusual case of Monsolar IQ Ltd v Woden Park Ltd...

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Construction focus: A significant stay on ‘smash and grab’ adjudication

Forsters LLP

Jamil Sanaullah explores the established case law, as well as a recent decision, which provides helpful guidance on the circumstances in which the court will grant a stay of enforcement of an adjudication award...

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Case law update: What’s coming up in 2021?

Wilberforce Chambers

Joanne Wicks QC and Zoë Barton QC give a preview of cases moving through the higher courts...

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Minimum Energy Efficiency Standards: Where are we now?

Charles Russell Speechlys LLP

Naomi Heathcote considers MEES in the context of lease drafting and examines the government’s latest consultation relating to domestic properties...

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The FCA ruling analysed

Brabners LLP

Philip Skwierczynski and Chris Heitzman consider the arguments raised in the recent test case relating to whether business interruption due to Covid-19 is covered by insurance...

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Trusts & Estates Law and Tax Journal

Musings from Manchester: May you live in interesting times

Old Trafford Consulting Ltd

Geoffrey Shindler looks ahead to 2021 and the possibility of a new wealth tax...

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Wealth Tax Commission: A taxing question

PWT Advice LLP

Jo Summers and Ramandip Kaur examine whether it is time for a wealth tax...

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Trustees: Going the extra mile

Saffery Champness

A Cayman court judgment has affirmed the expectations levelled upon a responsible trustee. Lisa Vizia explains...

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Jersey trusts: To submit – or not?

Ogier Legal

Katherine Neal and Damian Evans investigate whether trustees can take comfort from a recent Jersey decision on involvement in foreign proceedings...

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Offshore: Roadtesting the law

Conyers Dill & Pearman

Robert Lindley and Wesley O’Brien give the view from the Cayman Islands on how trustees should deal with extraterritorial questions about a trust...

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Trusts: Keeping up with the times

Ten Old Square

The interests of illegitimate or adopted persons can be problematic when dealing with older settlements. Richard Dew explores an illuminating case...

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Beneficial ownership: Marring the deal

3 Hare Court (Chambers of Simon Davenport QC and Jeffrey Golden)

Context is everything when defining the common intention constructive trust. Aidan Casey QC and Tom Poole discuss recent case law...

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Proprietary estoppel: An unusual plot

Wright Hassall Solicitors

Katie Alsop discusses a proprietary estoppel claim that succeeded despite little documentary evidence and the claimants not being family members...

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Wills & Trusts Law Reports

Re Wales

Wills & Trusts Law Reports

The deceased died on 17 February 2015 as a widower with no children. He left a will dated 22 December 2008...

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Swan & ors v Gibbs & ors

Wills & Trusts Law Reports

Applications under the Variation of Trusts Act 1958 were made in respect of will trusts referred to as ‘the Baronetcy Trust’, under which property was held in two funds known as ‘James’s Fund’ and ‘James’s Children’s Fund’, and ‘the Lady Cayzer Will Trust’ in relation to property termed ‘the Molly & Lily Shares’...

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Re Studdert

Wills & Trusts Law Reports

The deceased died on 9 August 2017. The claimants were his personal representatives...

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Sofer v SwissIndependent Trustees SA

Wills & Trusts Law Reports

The claimant was the intended beneficiary of the Puyol trust (the trust) which was created in discretionary form by Hyman Sofer (the settlor) in July 2006...

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Smith & anr v Stanley & ors

Wills & Trusts Law Reports

The testator died in March 2015. By his last will of 14 March 2015 (the will) the testator gave the sum of £4...

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Shapton v Seviour (Costs)

Wills & Trusts Law Reports

The claimant had brought a claim under the Inheritance (Provision for Family and Dependants) Act 1975 for reasonable financial provision from the estate of her late father, which, under the terms of his will, had passed in its entirety to the defendant...

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Shapton v Seviour

Wills & Trusts Law Reports

The claimant was the daughter of the late Mr Colin John Seviour. The defendant was Mr Seviour’s second wife...

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Rettendon Parish Council v Hart & ors

Wills & Trusts Law Reports

On 5 December 1861 an award made under the Inclosure Act 1845 created two separate charitable trusts of plots of land within the parish of Rettendon in Essex: the Allotment for Exercise and Recreation (charity number 271480) and the Allotment for the Labouring Poor (charity number 271479)...

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