Dispute resolution

How your attorney may be able to deal with more than just your own affairs

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When granting someone a power of attorney you are giving them the right to deal with your own affairs. However the recent case of Whittaker v Hancock and others [2018] shows that in certain circumstances where you lose capacity your attorney may also be able to substitute you and act as a personal representative for someone else's estate. More …

Dispute resolution lessons to be learnt from Brexit negotiations

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As the Prime Minister and her negotiating team prepare themselves for another tense round of negotiations in Brussels, Lee Fisher, a partner in Blake Morgan's Dispute Management team and accredited mediator, considers what lessons may be learnt from the negotiations to date. More …

Shareholder Disputes: A Fishy Tale

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When a director/shareholder's exclusion from management is NOT unfair prejudice: Recent High Court Judgment in Cool Seas (Seafoods) Limited v Interfish Limited & Ors [2018] EWHC 2038 (Ch). More …

The rise of predatory marriages and how they can affect Wills

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Earlier this year we looked at how the test of capacity varies depending on the situation and how it may be possible that the threshold required for a person to marry is lower than that to make a Will. Campaigners are now hoping to change the law in order to protect vulnerable testators and their families from exploitation by ill-intentioned individuals entering into a marriage for financial gain. More …

The NCA wins the first round in its application of "McMafia" laws

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Upon the High Court lifting reporting restrictions this week, the newspapers have reported details of the extravagant lifestyle of Zamira Hajiyeva, the wife of the former chairman of Azerbaijan's largest bank, the state-owned International Bank of Azerbaijan, who is currently serving a 15 year prison sentence in his home country, having been convicted in 2016 of fraud and embezzlement in the sum of £2.2billion. More …

Good Service is more than just Good Business

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In a recent unreported case in the County Court at Central London (Sajid v Nuur, 30 July 2018), a Claimant (Landlord) had brought a claim against a Defendant (a former Tenant) and attempted to serve the claim at an address which the Claimant knew the Defendant had left some two years before. It could be fair to say the Landlord should well have known – as it was his own property! More …

Court of Appeal restores legal professional privilege in ENRC

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The Court of Appeal restores legal professional privilege in SFO v ENRC case. More …

Can you rely on the promise of a lifetime?

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Whilst previously proprietary estoppel cases were fairly rare, in the first half of 2018 seven claims went all the way to a High Court trial with some possibly going on to the Court of Appeal. Proprietary estoppel claims in the context of contentious probate typically involve claimants believing they have been promised an interest in the deceased's property in reliance upon which the claimant has suffered some form of detriment. Many of the 2018 cases revolve around farms. Often parties have invested time working on the farm and promises may have been made as to inheritance. This article looks at one case in particular, Habberfield v Habberfield, to highlight the difficulties claimants can face in relying on proprietary estoppel and the importance of a valid will. More …

Court of Appeal examines the rule against reflective loss in Marex

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Carlos Sevilleja Garcia v Marex Financial Limited [2018] EWCA Civ 1468 - Court of Appeal considers the rule against reflective loss and the scope of the Giles v Rhind exception More …

Strengthening of IP rights in China

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A Blake Morgan blog exploring the strengthening of IP rights in China. More …