Financial Remedies and Divorce Update, September 2018 – Family Law Week

‘Rose-Marie Drury, Senior Associate, Mills & Reeve LLP analyses the news and case law relating to financial remedies and divorce during August 2018.’

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Family Law Week, 6th September 2018

Source: www.familylawweek.co.uk

Court of Appeal hands down judgment in British Airways pension scheme litigation – Radcliffe Chambers

Posted August 6th, 2018 in airlines, news, pensions, trusts by sally

‘The appeal concerned whether the Scheme had been effectively amended to include a trustee power to award discretionary pension increases and whether the subsequent exercise of that power was valid.’

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Radcliffe Chambers, 5th July 2018

Source: www.radcliffechambers.com

Bennett v Bennett & Others [2018] EWHC 1931 (Ch) – Tanfield Chambers

Posted August 6th, 2018 in contracts, estoppel, news, sale of land, trusts by sally

‘Tanfield barristers Marc Glover and Chloe Sheridan successfully represented the Claimants in a High Court dispute over East Thurrock United Football Club. In a judgment handed down on 25th July 2018, the Court dismissed the defendant’s and additional parties’ claims to a share in the land used by the Football Club, claimed to be worth £10 million.’

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Tanfield Chambers, 6th August 2018

Source: www.tanfieldchambers.co.uk

Supreme Court: use of corporate vehicles did not avoid limitation exception – OUT-LAW.com

‘Company directors were said to be responsible for assets despite their use of corporate vehicles, the Supreme Court has ruled (12-page / 157KB PDF). The ruling means that a six year limitation period stopping liquidators taking legal action against the directors does not apply. This case will impact future misfeasance actions. Director and officer indemnity insurers should take note of this decision as it confirms that the English courts are unwilling to accept the six-year limitation defence for actions against directors following the disposal of company assets in breach of fiduciary duty for economic gain.’

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OUT-LAW.com, 23rd March 2018

Source: www.out-law.com

Court of Protection: SRA regulation allows for immediate approval of trust corporations – Legal Futures

Posted February 13th, 2018 in Court of Protection, news, Solicitors Regulation Authority, trusts by sally

‘Trust corporations wanting to act as property and affairs deputies for incapacitated people must be regulated by the Solicitors Regulation Authority (SRA) to gain immediate approval, the Court of Protection (CoP) has ruled.’

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Legal Futures, 12th February 2018

Source: www.legalfutures.co.uk

A prenup for Harry and Meghan? – Law & Religion UK

Posted November 29th, 2017 in news, prenuptial agreements, royal family, trusts by sally

‘Almost as soon as actress Meghan Markle’s engagement to Prince Harry was announced, The Times published advice from English family lawyers suggesting the couple sign a prenup. ‘It is absolutely vital’, one interviewee said, because ‘there will always be concerns that in case of any future divorce, royal assets could end up being lost’.’

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Law & Religion UK, 29th November 2017

Source: www.lawandreligionuk.com

Divorce and Family Trusts: Three lines of attack and how to shut them down – Family Law

Posted September 26th, 2017 in divorce, news, trusts by sally

‘A spouse looking to make a claim over a family trust has three potential lines of attack. Each one can seriously dent family wealth if there is no planned and detailed defence in place. However, there are a number of practical steps ultra-high net worth (UHNW) individuals and their advisers can take to shut down all three lines of attack – and proactively secure family wealth for future generations.’

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Family Law, 25th September 2017

Source: www.familylaw.co.uk

‘Professional’ trustees likely to receive higher penalties for wrongdoing, says Pensions Regulator – OUT-LAW.com

Posted August 15th, 2017 in enforcement, news, penalties, pensions, trusts by sally

‘Pension scheme trustees that are considered to be ‘professional trustees’ can expect higher penalties for wrongdoing, The Pensions Regulator (TPR) has said.’

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OUT-LAW.com, 14th August 2017

Source: www.out-law.com

High Court rejects claim of solicitors’ negligence involving payments from £230m trust fund – Legal Futures

Posted August 10th, 2017 in law firms, negligence, news, solicitors, trusts by tracey

‘A High Court judge has dismissed a negligence claim against London law firm Farrer & Co in a case involving a client with a $300m (£231m) trust fund.’

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Legal Futures, 10th August 2017

Source: www.legalfutures.co.uk

Binding agreements in TOLATA claims – Family Law Week

‘Alexander Chandler, barrister, 1 King’s Bench Walk, considers the law and practice of agreements to settle TOLATA claims.’

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Family Law Week, 28th July 2017

Source: www.familylawweek.co.uk

Sham Trusts and the Grand National – Family Law Week

Posted June 30th, 2017 in financial provision, news, sham transactions, trusts by tracey

‘Mark Warwick QC of Selborne Chambers explains the hurdles that need to be cleared in order to establish that a trust is a sham in the light of the judgment in ND v SD and Others (2017) EWHC 1507 (Fam).’

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Family Law Week, 28th June 2017

Source: www.familylawweek.co.uk

Finance and Divorce Update, June 2017 – Family Law Week

Posted June 14th, 2017 in divorce, financial provision, news, trusts by tracey

‘Claire Molyneux of Mills & Reeve LLP analyses the news and case law relating to financial remedies and divorce during May 2017.’

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Family Law Week, 9th June 2017

Source: www.familylawweek.co.uk

High Court strikes out negligence claim against private client firm – Legal Futures

Posted May 31st, 2017 in law firms, limitations, negligence, news, striking out, trusts by sally

The High Court has struck out a negligence claim against London private client specialists Harcus Sinclair on the grounds that it was statute-barred.

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Legal Futures, 31st May 2017

Source: www.legalfutures.co.uk

British Airways loses challenge against pensions payments – OUT-LAW.com

Posted May 23rd, 2017 in airlines, news, pensions, trusts by tracey

‘British Airways (BA) has lost a High Court case against a decision by pension scheme trustees to make discretionary payments to thousands of airline workers.’

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OUT-LAW.com, 22nd May 2017

Source: www.out-law.com

Disputed trusteeship: Shergill v Khaira yet again – Law & Religion UK

Posted April 25th, 2017 in news, Sikhism, succession, trusts by sally

‘The Chancery Division has handed down the latest judgment in the long-running saga about the disputed trusteeship of two Sikh gurdwaras in High Wycombe and Birmingham. In Shergill & Ors v Khaira & Ors [2017] EWHC 883 (Ch), HHJ Purle QC, sitting as a Judge of the High Court, found for the claimants.’

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Law & Religion UK, 21st April 2017

Source: www.lawandreligionuk.com

Finance and Divorce Update, December 2016 – Family Law Week

‘Sue Brookes, Senior Associate for Mills & Reeve LLP analyses the news and case law relating to financial remedies and divorce during November 2016.’

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Family Law Week, 3rd December 2016

Source: www.familylawweek.co.uk

Pensions Regulator to get powers to authorise and de-authorise master trusts – Out-Law.com

Posted October 24th, 2016 in news, pensions, trusts by michael

‘The Pensions Regulator is to be given new powers to authorise and de-authorise multi-employer ‘master trust’ pension schemes as part of new legislation published by the UK government.’

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Out-Law.com, 21st October 2016

Source: www.out-law.com

The agreements that weren’t – Nearly Legal

Posted September 6th, 2016 in deposits, landlord & tenant, news, trusts by sally

‘Every now and again there is a reminder of the problems of a contractual tenancy. In this case, the difficulties involved a deposit of £52,000 and a weekly rent of £6,500.’

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Nearly Legal, 5th September 2016

Source: www.nearlylegal.co.uk

Daniel and another v Tee and others – WLR Daily

Posted July 13th, 2016 in breach of trust, compensation, law reports, solicitors, trusts by sally

Daniel and another v Tee and others [2016] EWHC 1538 (Ch)

‘The defendants were professional solicitor trustees of a trust of which the claimants were the beneficiaries. The claimants sought compensation for breach of trust in connection with the investment of the trust funds in the period 2000 to 2002.’

WLR Daily, 1st July 2016

Source: www.iclr.co.uk

Brother and sister in legal battle over interior designer father’s £20m fortune – Daily Telegraph

Posted July 6th, 2016 in families, news, trusts, wills by Mark L

‘The children of a renowned interior designer, who worked on the QE2, Claridge’s and the Savoy Hotel are locked in a £20m court battle over his fortune.’

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Daily Telegraph, 6th July 2016

Source: www.telegraph.co.uk