April 2014 #155 – Law Journals

Commercial Trusts: Pragmatism prevails

Giles Richardson looks at the current approach of the English courts to trusts arising in commercial contexts ‘The practical effect of a Re Benjamin order in commercial trust contexts will often be practically to extinguish all claims that tardy beneficiaries have.’ This article considers the High Court decisions in Re MF Global [2013] and Re …

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Charities: Threat to independence?

In the first of two articles David Schmitz examines whether gagging clauses are enforceable against charities ‘There is now a serious concern that when it comes to hiring voluntary organisations to provide services on behalf of the government, these organisations are coming under pressure to hold back from criticising the government and its policies, as …

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Book Review: Useful practice management tool

Jo Summers and Romaine Snashall review Wills and Inheritance Quality Scheme Toolkit The Wills and Inheritance Quality Scheme Toolkit (the Toolkit) is not your average book. The Toolkit is an integral part of the Wills and Inheritance Quality Scheme (WIQS), which was launched on 5 July 2013. WIQS is the Law Society’s new quality standard …

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Trusts And Divorce: Striving for a fair result?

Mark Harper and Will MacFarlane discuss M v M, which has lessons on attacking real estate held by offshore companies ‘Both Prest and M v M are examples of the Family Division having to apply complex principles of property law.’ For those who advise clients as to how to structure the purchase of UK real …

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Musings From Manchester: Estate planning starts with the planner

Geoffrey Shindler has an unwelcome springtime message for the post-baby-boomers ‘The first estate you have to plan is your own. Living longer means neither more happiness or more wealth. It simply means more expense.’ How sorry should we feel for people born at ‘the wrong time’? What is the wrong time you might ask? Well …

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Same-Sex Marriage: A practical guide

Michael Wells-Greco and Philippa Turner give the lowdown on what to consider when advising clients on same-sex marriage ‘In a broad range of major issues, such as the rights and responsibilities during marriage and the financial consequences of divorce and dissolution, English law treats spouses and civil partners alike.’ Historically in this country a legally …

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Jurisdiction: Tug of war

Tchenguiz-Imerman v Imerman [2013] highlights the tensions between courts of different jurisdiction, despite the principle of comity. Richard Tambling reports ‘The judge accepted that the interests of comity have a powerful place in cases involving offshore trusts when the English courts will often depend on the trusts’ home courts for assistance.’ This article considers what …

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