Dispute resolution

Can you rely on the promise of a lifetime?

Posted by on

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

Posted by on

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

Posted by on

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

Director's Remuneration as Misfeasance?

Posted by on

Top 50 UK law firm Blake Morgan blogs about a case whereby The High Court has recently handed down judgment that required it to consider whether directors of a company, who did not have an employment contract, service contract, or any form of recognition of status as employee of the company, were entitled to remuneration or to withdraw monies from the company. More …

Swedish Court imposes prison sentences on trade mark invoice fraudsters

Posted by on

Members of Blake Morgan's commercial litigation team discuss a Swedish Court's decision to impose prison sentences on trade mark invoice fraudsters. More …

Luxury brand's win on ruling to restrict online sales

Posted by on

Members of Blake Morgan's commercial litigation team discusses luxury brand, Coty's, win on ruling to restrict online sales of their products. More …

Redaction of Documents in Civil Proceedings

Posted by on

Blake Morgan's looks at how the recent decision of the High Court in Ennis Property Finance Ltd v Thompson and Thompson [2017] EWHC 3263 (Ch) gives guidance on the redaction of documents in litigation. More …

Where there is a Will, there is a way

Posted by on

This week the Independent reported that a survey conducted by Macmillan Cancer Support of 2000 people showed that "nearly two thirds of UK adults don't have a Will" and more worryingly, that included 42% of over 55s. More …

What is fraudulent calumny?

Posted by on

Fraudulent calumny is fraudulent misrepresentation made about an individual to a testator, for the purpose of inducing the testator to exclude that individual from any benefit in his Will. More …

Is your IPTV box "legit"?

Posted by on

A pub landlord was being sued by Football Association Premier League Limited for copyright infringement for using a IPTV box. Here is what happened next. More …