Accommodating Rights of Way
Source: Property Litigation Assocation Website
Influencing factors
Rosanna Foskett examines the recent judgment in Hart and Samways v Burbidge, which illustrates how the courts will apply the principle of presumed undue influence, even where such influence was not intentional
Source: The Law Society: PS
Counting the Cost
The Court of Appeal case of Thomas v Jeffery reminds practitioners that even late disclosure does not fetter a judge's discretion on costs. Laurie Scher reports
Source: Trusts and Estates Law & Tax Journal
To mediate, or not: that is the question
Mediation has gained momentum following the Woolf reforms. Beverley Vara looks at its evolution and why, today, it’s hard to refuse.
Source: Estates Gazette
Seize the day - jurisdictional challenge
What effect will the recent Court of Appeal decision of Erste Group Bank AG v JSC 'VMZ Red October' have on jurisdictional issues in English law? Richard Morgan QC, one of the barristers who argued the case, says that although these types of issues may be litigated more frequently, the English courts are doing a good job acting as a gatekeeper in relation to the extent of their jurisdiction.
Source: Lexis®PSL Restructuring & Insolvency
Yet another reason to mediate
An article written by two of our mediators Beverley Vara and John Dagnall on the recent case of PGF II SA V OMFS Company 1 Limited [2013] EWCA Civ 1288, which extended the obligations on litigants when offered the opportunity to mediate.
Source: Maitland Mediators
It’s time charities paid
Charities are already required to pay all manner of fees to other regulators. Why shouldn’t they pay a fee to their own?
Source: The Lawyer
Company Law Article
This month, Lawyer Monthly takes a look at Company Law, and the legal implications surrounding it. They spoke to Catherine Newman QC, a leading silk at the commercial Chancery Bar who has a strong practice both domestically and internationally, from Maitland Chambers.
Source: Lawyer Monthly
Set-off and Crown departments
This short article by Michael Gibbon QC examines some key principles in relation to set-off involving Crown departments in the context of liquidation. The subject often arises for consideration in a liquidation, normally with regard to tax debits and credits, but from time to time non-tax claims will be involved too.
Source: Corporate Rescue and Insolvency - New Law Journal - Lexis Nexis
One year on from PGF
Mediators John Dagnall and Beverley Vara have written an article that asks, whether one year after PGF II SA v OMFS Company 1 Ltd, “les autres” have been “encouraged”?
Source: Estates Gazette
“The safety of mankind”: the civil consequences of bribery
This article reviews the English law on bribes with reference to the two recent cases of UBS AG v Kommunale Wasserwerke Leipzig Gmbh and Cedar Capital Partners LLC v FHR European Ventures LLP.
Source: Butterworths Journal of International Banking and Financial Law
CIArb Guidelines, Safe Ports for Arbitral Storms
Edited transcript of a debate held on 22 October 2015 as part of the Chartered Institute of Arbitrators Centenary celebrations, focusing on the use of guidelines in international arbitration, Maitland Chambers, London
Source: (2016) 82 Arbitration. The International Journal of Arbitration, Mediation and Dispute Management published by Thomson Reuter
Contentious cases 2016
A look at the legal landmarks that have affected the profession recently and how they’ll affect insolvency in 2016.
Source: R3 Recovery Spring 2016
Beneficiaries’ information rights
This article examines, from an English standpoint and by reference to Rosewood v Schmidt and Breakspear v Ackland, the court’s discretion to intervene in the administration of a trust to order disclosure of information to beneficiaries.
Please click here to read the full article
Source: Trusts & Trustees
The light stuff
A recent rights to light case demonstrated how property rights are treated differently than contractual rights. John McGhee QC reports.
Source: The Lawyer
Stash Cloud
As the authorities probe the bond dealings of JSC BTA Bank’s ex-chairman, Catherine Newman QC highlights some legal aspects of the saga that appear to add up to a near-reversal of the burden of proof.
Source: The Lawyer
After Etridge
Nigel Thomas has had his article "After Etridge" published in Trusts and Estates Law and Tax Journal (2014)
Source: Trusts and Estates Law and Tax Journal (2014) No 154 March