Legalease Law Journals | Wills & Trusts Law Reports

The Commercial Litigation Journal

Arbitration: Take your time

Shoosmiths LLP

Michael Bennett considers extensions of time in arbitration proceedings...

20 Essex Street

Stephen Atherton QC and Malcolm Jarvis review a decision on a novel point under the Lugano Convention...

RPC

Andy McGregor and Sarah Shaul outline a recent case on guarantees...

gunnercooke

Sapna Garg explores the courts’ approach to rectifying parties’ mistakes when agreeing contract terms...

Expert evidence: A not so old master

Severn Trent Water Ltd

Kate Raybould looks at duplicity and art dealers...

Allen & Overy

Jason Rix examines contractual discretion and absolute contractual rights...

Quadrant Chambers

Joseph Sullivan reports on the first televised decision in the Court of Appeal...

Penningtons Manches LLP

Clare Arthurs and Nicole Finlayson catch the beat of non-party costs orders...

Equality Act: Bearing the burden – proving race discrimination in the employment tribunal

Weightmans LLP

The Court of Appeal has restored the long-established burden of proof test in discrimination cases, reports Steve Peacock...

Taylor Wessing LLP

Katie Davenport explores how the GDPR and attitudes to data privacy are changing the approach to employee background checks...

Fox Williams LLP

Joanna Chatterton and Ed Livingstone discuss new and existing pay reporting legislation and consider the need for employers to treat the legislation as more than simply a box-ticking exercise...

Spencer West

Whatever course Brexit takes, employers should help their workers with EU nationality in proving they have the right to remain in the UK, writes Samar Shams...

Keystone Law

As Asda loses another round of its long-running fight with a group of female shop workers, Fiona Macdonald considers what employers can do to avoid falling foul of equal pay law...

Shoosmiths LLP

Jo Tunnicliff and Antonia Blackwell continue our series with advice on how to refresh employers’ policies protecting staff from discrimination, harassment, bullying and unequal treatment...

VWV

Michael Halsey and Mark Stevens round up the latest case law and developments affecting employers and their advisers...

Dechert LLP

Charles Wynn-Evans reviews recent litigation highlighting some of the legal issues at play when employers seek to enforce confidentiality obligations in a settlement agreement or an employment contract...

Funding: Bridging the gap

29 Bedford Row Chambers

Alexis Campbell QC, George Williamson and Katie Alexiou set out the key issues when considering litigation funding...

Vardags

Antonia Barker analyses the outcome in long-running financial remedy proceedings, where the court drew adverse inferences from non-disclosure and was unable to achieve finality...

Gardner Leader

Simon Fisher explains his experiences of the HMCTS pilot schemes, which have the aim of speeding up the divorce suit and financial consent order processes...

Rayden Solicitors

Lehna Gardiner highlights the approach taken in TOLATA 1996 proceedings when compared with financial order cases...

John Lamb Financial Planning

Alex Shields looks at the potential unintended consequences and hidden tax implications that can arise when dealing with pension assets on divorce...

Paris Smith LLP

Helen Cort discusses how economic uncertainty can impact on the divorce rate, and the potential pitfalls that may be encountered if divorce proceedings are delayed until more certain times...

Withers LLP

Michael Gouriet and Natalie O’Shea examine the government’s proposals regarding no-fault divorce and question whether sufficient consideration has been given to the wider implications of reform...

Blacks Solicitors

Andrew Smith discusses methods of enforcing periodical payment orders, the approach to arrears more than 12 months old and the potential for reform...

Case report: Mark v Universal Coatings and Services Ltd [2018] EWHC 3206 (QB)

12 King's Bench Walk (Chambers of Paul Russell QC)

Implied sanctions; relief from sanctions; medical reports; schedules of loss...

QM Legal Costs

Paul Jones highlights that there are still areas of dispute with fixed costs...

Exchange Chambers

Pankaj Madan gives invaluable advice about the practical issues that often arise in establishing liability and how to resolve them...

Osbornes

Laura Swaine reviews whether payments made by third parties can be offset in fatal accident claims...

3PB Barristers

Sarah Mynard examines the complex issues of causation that arise in periodontal claims...

4 New Square Chambers

Benjamin Williams QC and Ben Smiley consider judicial guidance about how and when service can be effected...

Exchange Chambers

Bill Braithwaite QC provides his insight on recent significant case law...

1 Crown Office Row

Is a claimant for psychiatric injuries associated with their child’s birth a primary or secondary victim? Suzanne Lambert discusses...

Legislation: Going public

Millstream

Duncan Dallas sets out the new procurement thresholds...

TLT LLP

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

Fenwick Elliott

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

Mills & Reeve

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

Paris Smith LLP

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

Practice: Begin the beguine

Chris Hoyle

Chris Hoyle reflects on effective contract management...

Burges Salmon LLP

Patrick Parkin interrogates recent Crown Commercial Service guidance...

Womble Bond Dickinson

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

Land agreements: Competition infringements considered

Latham & Watkins

John D Colahan and Anuj Ghai review the CMA’s recent guidance on land agreements...

John Starr

John Starr reports on a decision clarifying how second adjudications work, as well as a number of tax changes in the offing...

University of Greenwich

Mark Pawlowski takes a look at the doctrine of frustration as it applies to leases in the light of a recent ruling on whether Brexit frustrates a lease...

Stephens Scown

Richard Bagwell explores the recent judgment of the Court of Appeal in TW Logistics Ltd v Essex County Council...

Shoosmiths LLP

A court has enforced the landlord’s repairing obligation relating to Beetham Tower, requiring it to find a permanent solution to failing glass panels, as Lucy Shepherd and Luke Holden discover...

Gowling WLG

The Supreme Court has clarified the meaning of a highway, with reference to legislative history, as Senay Nihat and Martin Thomas find out...

Charles Russell Speechlys LLP

Does being overlooked amount to a private nuisance? Megan Davies considers a recent case involving the Tate Modern...

Brabners LLP

Who bears the risk of damage occurring close to completion of a development? Kevin Manley explores the issues...

French succession law: Ça n’finira jamais

Russell-Cooke LLP

The dispute over Johnny Hallyday’s estate is an example of the problems that can arise with international estates. Patrick Delas discusses...

Royds Withy King

In the second part of two articles Amanda Noyce continues to review recent proprietary estoppel cases, as well as outlining the lessons to be learned...

Charles Russell Speechlys LLP

Oliver Auld gives the lowdown on what happens to trusts in the event of a divorce...

Barlow Robbins LLP

Sue Clark highlights the risks of LPAs and deputyships and what can be done to safeguard the donor...

Wright, Johnston & Mackenzie LLP

Ian Macdonald provides a comparison of the English and Scottish procedures for executors...

Old Square Tax Chambers

Mary Ashley explores a recent case considering the options by which trustees can extend their powers...

University of Greenwich

Mark Pawlowski and James Brown examine the possibility of using the mechanism of a residuary legatee in order to enforce a trust for non-charitable purposes...