News & Insights

The general principle behind the new Pre-Action Protocol for debt claims (“the Protocol” which came into force on 1 October 2017) is to provide the debtor with all the information, in order to make an informed decision and respond regarding payment or set out any issues they disagree with and to try and avoid involving the court where possible.

In Fielden -v- Christie-Miller and others [2015] EWHC 87 (Ch), trustees sought to have a claim brought against them based on proprietary estoppel struck out on the grounds that the statement of case disclosed no reasonable cause for bringing the claim pursuant to CPR 3.4 (2)(a) and, secondly, summary judgment because the claimant (in fact back part 20 claimant) had no real prospect of succeeding in the claim and there was no other compelling reason why the case should be disposed of at trial pursuant to CPR 24.2.

Clearing the fog…a promise is a comfort for a fool (unless it gives rise to an estoppel)

Can a landlord easily remove a commercial tenant from its property to carry out a redevelopment?

The rise of social media is irresistible.

Complex, speculative assets are increasingly common in family finances, making divorce settlements a legal minefield, especially for the less well-off spouse, writes Family Partner, Emily Brand.

The European Court of Justice has ruled that individuals have the right to have search engine results removed, where they may affect privacy rights.

As of 22 April, 2014 extensive family law reforms have been instituted by the Children and Families Act 2014.

The First Tier Tax Tribunal case of Rogge and Others v HMRC concerned three appeals against assessments to income tax by HMRC, relating specifically to the income tax implications for settlors and trustees of settlor-interested trusts where the settlor pays income to the trust (for example, by way of rent or loan interest).

Suspicious spouses, mistrustful that their ex may be hiding assets in the context of divorce proceedings, should tread carefully.

Obtaining a divorce can be a stressful and emotional process. You will have to make some very important decisions that will affect the rest of your life.

Landlords and developers need to consider The Landlord and Tenant Act 1987 (LTA 1987) carefully when disposing of existing residential and mixed-use properties.

Part 1 of the Landlord and Tenant Act 1987 (“the Act”) obliges landlords of some residential and mixed use properties to offer certain interests to the residential tenants before disposing of them to a third party.

On 12 September, Kensington resident Zipporah Lisle-Mainwaring won her colourful battle to demolish and rebuild her red and white stripped elegant townhouse.

The Supreme Court appeal last week by Ms. Wyatt against her ex-husband Dale Vince has received widespread media interest, with reports suggesting a flood of claims from ex-wives lodging financial claims decades after a divorce.