Articles


Date
Title
Contributors
Practice Area


11 Sep 2017
In brief: Assignment of cause of action not void for breaching the rules against champerty and maintenance (Casehub Ltd v Wolf Cola Ltd)

Dispute Resolution analysis: Jeff Hardman considers the High Court decision in Casehub Ltd v Wolf Cola Ltd, being a useful illustration of the distinction made between assigning a
cause of action and assigning the fruits of a cause of action.

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Published In
Lexis PSL


10 Jul 2017
What are your intentions? The interim administration moratorium and JCAM Commercial Real Estate Property XV Ltd v Davis Haulage Ltd

Court of Appeal sends a clear message on the implications for filing successive notices of intention to appoint administrators. Jonathan Lopian reports on JCAM Commercial Real Estate Property XV Ltd v Davis Haulage Ltd

Published In
Corporate Rescue and Insolvency - June 2017

>>Read More

15 Mar 2017
E-Flash - Landmark Supreme Court decision on Inheritance Act claims

The Supreme Court today allowed the charities’ appeal in the case of Ilott v Mitson [2017] UKSC 17.

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Published In
New Square Chambers


26 Jan 2017
Future statutory changes to the law of trusts in Jersey

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Published In
New Square Chambers


04 Nov 2016
Control & Ownership: and what's yours is mine too

Power, control and ownership: offshore structures under attack in recent commercial cases

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Published In
Trust Quarterly Review - April 2016


06 Oct 2016
White v Jones liability for negligent advice

Trusts & Trustees Vol 22 Issue 8

In this article, Charles Holbech examines the scope of the liability of a professional will draftsman to an intended beneficiary under a will in respect of a negligent failure to advise the testator as to how best to confer a benefit on the intended beneficiary.

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Published In
Oxford Journals - October 2016


22 Jul 2016
Deja vu

The sanctions regime established in Mitchell has been misapplied once again. Jonathan Lopian reports on McTear v Englehard

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Published In
The New Law Journal - July 2016


18 Jul 2016
A hard case to make: Bromley v Breslin [2015]

A hard case to make:

Bromley v Breslin [2015] exposes the possible cost consequences of an application under CPR 57.7(5) to challenge the validity of a will. Charles Holbech explains...

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Published In
Trusts & Estates Law Journal - July/Aug 2016


01 Jun 2016
E-Flash - John Cleese

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Published In
New Square Chambers


24 May 2016
E-Flash - Latest 'Mitchell' case

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Published In
New Square Chambers


11 Apr 2016
Commercial Landlord & Tenant Law

Gary writes about the implication of contract terms & return of advance rent upon operation of a break clause.

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Published In
New Square Chambers


11 Apr 2016
Proprietary Estoppel: Expectation or Detriment

Charles explores proprietary estoppel claims giving rise to a particular issue

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Published In
New Square Chambers


11 Apr 2016
Just and Equitable Winding-Up & Bankruptcy Trustees

Jonathan Lopian represented the Respondents in Hamilton v Brown

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Published In
New Square chambers


16 Feb 2016
‘No Woman No Cry’ copyright conflict

Madeleine Heal was instructed for BSI and Cayman on appeal from a 2014 decision of Richard Meade QC sitting as a deputy High Court judge in a music copyright action regarding 13 songs written by Bob Marley between 1973 and 1976 including ‘No Woman No Cry’.

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Published In
New Square Chambers


10 Feb 2016
Mistaken bank payments: unjustenrichment and the applicable law under Rome II (2016) 1 JIBFL 20

Nigel Hood considers the meaning and effect of the provisions of the Rome II Regulation on the law governing non-contractual obligations as they relate to unjust enrichment and the tort of deceit – specifically in the context of fraudulently obtained bank payments.

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Published In
Butterworths Journal of International Banking and Financial Law


26 Jan 2016
Short-Term Patent System in Hong Kong

Madeleine Heal was instructed in a patent appeal in the Hong Kong Court of Appeal in July 2015. Acknowledged as Hong Kong’s patentcase of the year by Managing IP, it involved a patent disputebetween two construction companies working on the controversial Hong Kong high-speed rail connection to mainland China.

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Published In
New Square Chambers


01 Dec 2015
When is property added to a settlement "excluded property"?

Rodney Stewart Smith explores the decision of Mann J. in Barclays Wealth Trustees (Jersey) Limited regarding what is excluded property for purposes of the Inheritance Act 1984 s48(3)

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Published In
New Square Chambers


01 Dec 2015
Penalty Clauses

Malcolm Chapple writes on a judgment handed down by the Supreme Court, in relation to penalty clauses in a contract

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Published In
New Square Chambers


01 Dec 2015
A return to orthodoxy in matters of contractual interpretation

David Warner considers the Supreme Court's decision in Arnold v Britton [2015]2 WLR 1593 in restoring the supremacy of the traditional approach to the construction of commercial contracts

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Published In
New Square Chambers


12 Oct 2015
New Focus on Landowners’ Rights in Relation to Planning Enforcement Notices

Appeals; Defences; Enforcement notices; Judicial review; Planning authorities' powers & duties; Time limits

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Published In
Thomson Reuters - Journal of Planning & Environment Law issue 10/2015


30 Sep 2015
No no fault for shareholders

David Fisher considers a BVI shareholder dispute. The double negative is notr an error. Shareholder disputes are frequently similar to an old fashioned divorce

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Published In
New Square Chambers


30 Sep 2015
Knowledge of breach of confidence

Malcolm Chapple writes an article on what is the knowledge required in order for a defendant to be liable for breach of confidence

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Published In
New Square Chambers


30 Sep 2015
Art and ongenuity

Gerard van Tonder reports on the ownership of a Banksy mural painted onto an external flank wall of an amusement arcade

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Published In
New Square Chambers


08 Sep 2015
Is Everything Under Control? Problems with the Commercial Court’s decision in Skurikhin

This article questions whether the court applied the correct test

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Published In
New Square Chambers


01 Sep 2015
Assistance & explaination in cases of mental capacity

An examination of the explanations and assistance that may be given to testators who potentially lack testamentary capacity, in light of the Mental Capacity Act 2005

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Published In
Trusts Quarterly Review Volume 13 Issue 3


29 Jun 2015
Assessment of interim rent

As everyone knows, the court, in the case of a business lease with security of tenure, and subject to certain grounds for refusal, can order the grant of a new business for a term of up to 15 years

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Published In
New Square Chambers


29 Jun 2015
Ring Fencing

There is an important question of the circumstances in which a civil trial can take place during the period when a defendant is being prosecutedf for related matters in the Crown Court

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Published In
New Square Chambers


29 Jun 2015
The Relevance of Probate in the Digital Age

Imagine an estate where there is no dispute amongst the beneficaries, whether about the validity of the deceased's will or its terms. Imagine that there is no inheritance tax to pay by reason of the death of the deceased. The bulk of the estate is held in a bank account that is accessible online

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Published In
New Square Chambers


29 Jun 2015
The Seventh Veil

Mark Hubbard considers new legislation requiring greater transparency in the ownershop and management of companies. On 26 March 2015 the Small Business Enterprise and Employment Act 2015 became law

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Published In
New Square Chambers


26 May 2015
Neighbours from hell: Damages for residual diminution in value

Gerard van Tonder examines the recent decision of the Court of Appeal in Raymond v Young  concerning property owners awarded damages for repeated harassment, trespass and nuisance conducted by their neighbours

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Published In
New Square Chambers


26 May 2015
Duties and liabilities of trustees: Lessons from recent cases

Charles Holbech covers some recent cases on the duties and liabilities of trustees and seeks to extract some useful points for trustees in avoiding breach of trust claims

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Published In
New Square Chambers


08 May 2015
Money, money, money...

Alexander Hill-Smith reviews the new regime for high-cost short-term lending in as article

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Published In
New Law Journal issue 7651 on 8th May 2015


06 May 2015
'Establishment' in EU insolvency - a win for territorialists

Sebastian Prentis in an interview with LexisPSL discusses the Supreme Court judgment in Re Olympic Airlines SA [2015] UKSC 27, ots background and ramifications. Sebastian was junior counsel in this matter

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Published In
Lexis®PSL Restructuring & Insolvency on 6 May 2015


05 May 2015
A trap for the unwary

Alexander Learmonth writes for the Solicitors Journal warning of the dangers of split trials and part 36 offers

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Published In
Solicitor’s Journal Vol 159 no 17 5th May 2015


30 Apr 2015
The dangers of not looking under the hood

Leigh Sagar reminds personal representatives (and their advisers) about the administration of digital assets.

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Published In
New Square Chambers


30 Apr 2015
What’s illegality? The decision of the Supreme Court

Adrian Pay explored the decision by the Supreme Court in Jetivia SA and anr v Bilta (UK) Ltd [2015]

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Published In
New Square Chambers


30 Apr 2015
The standard of proof in civil fraud claims

Michael Booth QC examines the balance of probabilities in civil fraud claims

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Published In
New Square Chambers


30 Apr 2015
Justice in Judicial Review

Claire Staddon considers how the permission stage in judicial review proceedings can benefit litigants.

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Published In
New Square Chambers


03 Mar 2015
Fight for your (mechanically propelled vehicular) rights

Thomas Fletcher comments on the recent Supreme Court decision released this month in R (Trail Riders Fellowship) v Dorset CC in which four members of New Square Chambers were involved.

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Published In
New Square Chambers


03 Mar 2015
Second-guessing in secondary proceedings

In this article Stephen Schaw Miller explores when and whether secondary insolvency proceedings should be opened under the Insolvency Regulation No 1346/2000.

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Published In
New Square Chambers


03 Mar 2015
Administration of rights associated with digital information as part of the deceased's estate

In this article Leigh Sagar explores the administration of rights associated with digital information as part of the deceased's estate.

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Published In
New Square Chambers


03 Mar 2015
Alexander Learmonth discusses what remains for Conditional Fee Agreements for CDR Magazine

Despite the Jackson reforms, pre-2013 conditional fee agreements (CFAs) are still under attack. Alexander Learmonth examines a number of recent cases in the Court of Appeal and the UK Supreme Court which show a continued lack of sympathy for CFAs and ATE insurance, and provides a few tips for staying out of trouble while awaiting the result in Coventry v Lawrence.

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Published In
CDR Magazine


26 Feb 2015
Beaches and village greens: the Supreme Court view

The Supreme Court in February 2015 handed down its ruling in the Newhaven Beach village green case. George Laurence QC analyses the judgment.

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Published In
Local Government Lawyer


20 Feb 2015
Mind the gaps

This article was first published in Property Law Journal issue 328 February 2015

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Published In
Property Law Journal


20 Feb 2015
Trust jurisdiction clauses: Crociani v Crociani

Nicholas Le Poidevin, QC appeared in Crociani for the settlor’s older daughter, obtaining permission for her to intervene in the Privy Council hearing. In this article he examines trust jurisdiction clauses in light of this case.

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Published In
New Square Chambers


15 Feb 2015
“New for Old”: New terms in renewed leases under the Landlord and Tenant Act 1954 require good reasons

David Warner explains in his article that the terms of any new lease to be granted under the provisions of Part II of the Landlord and Tenant Act 1954 are to be determined by the court in accordance with sections 32 to 35 of that 1954.

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Published In
New Square Chambers


15 Feb 2015
Assignments and anti-avoidance: the Landlord and Tenant (Covenants) Act 1995

Gary Pryce explores recent decisions concerning the application of the anti-avoidance provision and of other provisions in relation to the Landlord and Tenant (Covenants) Act 1995.

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Published In
New Square Chambers


10 Feb 2015
Just like that!

Gerard van Tonder examines the recent decision in Sebry v Companies House and the Registrar of Companies where Companies House and the Registrar of Companies are held liable for losses suffered by a company as a result of the register incorrectly showing that a company

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Published In
New Square Chambers


15 Jan 2015
Case Note

The Case Note discusses two recent further decisions at first instance which deal with the meaning of the hallowed words “as of right” which form the basis of the acquisition of prescriptive rights, both public and private.

Richard Naylor v Essex CC, Silverbrook Estates Ltd, Diana Humphreys and Tendring District Council

Ainsley David Powell and Jane Shergar Irani v Secretary of State for Environment, Food and Rural Affairs and Doncaster Borough Council.

Published In
Waymark


01 Dec 2014
A Significant Advance: The impact of the Inheritance and Trustees Powers Act 2014 on the Trustee Act 1925

An analysis of significant but overlooked amendments to trustees’ powers of maintenance and advancement under the Inheritance and Trustees’ Powers Act 2014 in TRQ Vol 12, Issue 4.

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Published In
Trust Review Quarterly


28 Nov 2014
Effect of rectification of the register under the Land Registration Act 2002

Gold Harp Properties Ltd v Macleod & Others [2014] EWCA Civ 1084 is a very important Court of Appeal decision explaining the effect of rectification of the register following a mistake

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Published In
New Square Chambers


28 Nov 2014
The pitfalls of sale and rent back

The Supreme Court has confirmed the risks of sale and rent back arrangements in Southern Pacific Mortgages Ltd v Scott [2014] UKSC 52. Mrs Scott was the vendor in a sale and rent back

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Published In
New Square Chambers


02 Oct 2014
Charities - To litigate or not to litigate

The purpose of this article is to highlight the sort of issues facing charities in deciding whether or not to litigate over a legacy, or residuary gift, contained in a Will. In particular Charles looks at a number of cases where charities have faced such difficult decisions, some of which they have got wrong

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Published In
New Square Chambers


01 Oct 2014
Save the date!

‘Save the Date!’ The Inheritance and Trustees’ Powers Act 2014 comes into force on 1 October 2014. Alexander Learmonth summarises the important changes being brought in by the new Act.

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Published In
New Square Chambers


01 Sep 2014
Inheritance Tax Planning and Trusts

Note: This article was correct at time of publishing (September 2014). It does not include recent legal updates and therefore does not represent the current law on this topic.

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Published In
New Square Chambers


28 Aug 2014
Nautech Services Limited v CSS Limited Landmark Judgment (Jersey)

In a landmark decision of the Royal Court of Jersey, Commissioner Clyde-Smith has held that an employer’s client contact information on Microsoft Outlook and LinkedIn qualified for copyright protection as databases and against misuse as confidential information

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Published In
New Square Chambers


14 Aug 2014
Bribes and Secret Commissions: Cedar in the Supreme Court

After two centuries of debate in and out of the courts, the Supreme Court in FHR European Ventures LLP v Cedar Capital Partners [2014] UKSC 45 determined that the bribe or commission is held on trust such that the principal does enjoy a proprietary claim.

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Published In
New Square Chambers


12 Aug 2014
Getting back what is (not) yours

Thomas Fletcher considers a recent Supreme Court case on agency, bribes and the law of equity.

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Published In
New Square Chambers


01 Aug 2014
Case Notes on Waymark 2014

Case Note on Church Commissioners for England v Hampshire County Council & Anr and Barbara Guthrie [2014]

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Published In
Waymark


01 Aug 2014
Case Notes on Waymark 2014

Case Note on R (Andrews) v Secretary of State for Environment, Food and Rural Affairs [2014]

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Published In
Waymark


07 Jul 2014
Sham about the sub-trust – some random thoughts about the decision in Sheffield v Sheffield

Leigh Sagar contributes to Trusts and Trustees journal by examining the decision in Sheffield v Sheffield [2013] EWHC 3927 (HH Judge Pelling QC),

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Published In
Trusts and Trustees : OUP


03 Jul 2014
Putting it beyond dispute

Can a wind up company simply say in answer to a winding-up petition, "The debt is disputed and covered by an arbitration agreement"?

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Published In
New Square Chambers


03 Jul 2014
Enfranchising and bankruptcy

A cautionary tale for secured creditors: beware when trying to enfranchise a lease owned by a bankrupt.

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Published In
New Square Chambers


02 Jul 2014
Robin Hollington Counsel Magazine Interview

See below for access to the full interview

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Published In
Counsel Magazine


11 Jun 2014
More about Schmidt : The latest developments in disclosure to beneficiaries

The latest developments in disclosure to beneficiaries June 2014

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Published In
Trust Review Quarterly


01 May 2014
Swap Shop - The long-running Marley v Rawlings case

The first probate case to reach the Supreme Court, Marley v Rawlings [2014] UKSC 2, concerned an error by a solicitor supervising the execution of mirror wills

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Published In
PS, the magazine of the Law Society's Private Client Section


01 Mar 2014
Rectification of trustee errors

Following Futter v Futter and Pitt v Holt, trustees will have greater resort to the doctrine of mistake.

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Published In
STEP


13 Feb 2014
Elder Law Journal Article

Estopped from making the will you want… Bradbury and others v Taylor and another [2012] EWCA Civ 1208

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Published In
Elder Law Journal


13 Feb 2014
Submissions to TELTJ Article

The decision of the Court of Appeal in Green v Gaul (sub nom. Re Loftus (deceased) [2006] EWCA Civ 1124 is remarkable in that it upholds the decision of the court below, but for reasons that were both contrary to those of Lawrence Collins J and not advanced by either party to the appeal.

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Published In
TELTJ


13 Feb 2014
Late registration of charges over the property of insolvent companies

Abstract: It is the settled practice of the court not to exercise its discretion under section 404 of the Companies Act 1985 once the company has entered into liquidation or administration.

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Published In
New Square Chambers


13 Feb 2014
Can you rely on what a mediator says?

What is the status of a representation made by a mediator on behalf of an offeror? 

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Published In
New Square Chambers


13 Feb 2014
What to do with incriminating evidence – CPR no help

The recent case of O Ltd v Z uncovers a practice direction loophole, after a search order uncovered child pornography

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Published In
New Square Chambers


13 Feb 2014
‘A regrettable blunder’ Marley v Rawlings [2011] EWHC 161 (Ch)

This case raised an interesting (and, to an extent, novel) point of principle: could the power to rectify a will under Section 20 of the Administration of Justice Act 1982 be used to cure a defect of execution of a will?

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Published In
New Square Chambers


13 Feb 2014
Annulments - interest and ad valorem fees

Now that April 2007 has been and gone, former bankrupts across the country are either rejoicing at their trustee’s forgetfulness, or bewailing his or her diligence, as their homes either re-vest in them, released from the trustee’s grasp, or become the subject of (usually indefensible) legal proceedings.

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Published In
New Square Chambers


07 Feb 2014
When is it just to rectify the register of town or village greens under section 14 of the Commons Registration Act 1965?

When is it just to rectify the register of town or village greens under section 14 of the Commons Registration Act 1965? 

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Published In
New Square Chambers


20 Dec 2013
Choose your weapon: interlocutory relief in shareholder disputes

One attraction of the English courts for international litigation is the availability of sophisticated interim relief for asset protection.

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Published In
New Square Chambers


18 Dec 2013
Piercing the corporate veil -where are we now?

For years lawyers have understood that it is sometimes possible to ‘pierce the corporate veil’ and disregard the separate legal personality of a company.

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Published In
New Square Chambers


31 Oct 2013
Power of sale - can the mortgagee be forced to wait?

In Temple Mortgage Fund Ltd v Att-Gen for the Turks and Caicos Islands (unreported, Supreme Court of the Turks and Caicos Islands, 26 July2013), until just before the trial the only issue appeared to be the timing of the mortgagee’s exercise of its power of sale.

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Published In
New Square Chambers


31 Oct 2013
Rent recovery after exercising a break clause

A tenant’s option to determine a commercial lease (a “break clause”) is a common feature of the modern landlord and tenant relationship.

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Published In
New Square Chambers


31 Oct 2013
A negative Role

As everyone knows, a mortgagee may go into possession before the paper has cooled down after coming out of the printer, or something like that. But under modern conditions, and particularly with residential mortgages, the strictness of this rule is reduced or removed by agreement or the impact of statute.

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Published In
New Square Chambers


16 Oct 2013
When fraud does not unravel all: the limits of the doctrine of dishonest assistance in a breach of trust and the decision in Mosley v Popley

When ‘fraud’ does not unravel all: the limits of the doctrine of dishonest assistance in a breach of trust and the decision in Mosley v Popley

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Published In
Oxford Journals


08 Oct 2013
Jurisdictional Conundrums
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Published In
Trusts & Trustees


05 Sep 2013
Russia accused over Berezovsky

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Published In
The Times Newspaper


18 Jul 2013
Berezovsky may have been insolvent when he died

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Published In
Financial Times Newspaper


15 Jun 2013
Hawes v Burgess, an end to the Golden Rule?'

The principles of testamentary capacity are well settled: a testator must understand the nature of the act of making a will, the extent of the property of which he is disposing, and the persons who may have a claim upon that property:

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Published In
New Square Chambers


14 Apr 2013
Judicial management of costs post Jackson

The far reaching provisions for the judicial management of costs introduced from 1st April 2013 will almost certainly have a dramatic and perhaps chilling impact on litigation.

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Published In
New Square Chambers


13 Apr 2013
The Jackson Reforms: a round-up of other major changes

This article will focus on the following further changes introduced by the Jackson reforms:

  • Changes to the rules on CFAs
  • The introduction of damage base agreements (“DBAs”)
  • Changes to the rules on disclosure, witness statements and expert evidence

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Published In
New Square Chambers


05 Nov 2012
Suing International fraudsters in England

A ‘boiler room’ has the colloquial meaning of ‘an operation in which unscrupulous sales people telephone consumers to sell speculative or fraudulent investments’.

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Published In
New Square Chambers


05 Nov 2012
Colour & shape trade marks, & trade secrets

The American confectioner and philanthropist, Milton Hershey, is reported to have said in 1907, “Caramels are only a fad, chocolate is a permanent thing.” The permanence of Cadbury’s purple wrapper for milk chocolate was confirmed last month by the High Court

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Published In
New Square Chambers


05 Sep 2012
Pie in the sky? Officeholders' costs after MK Airlines

MK Airlines Ltd (‘MKA’) was at one point the UK’s largest cargo airline, flying 747s around the world. It fell victim to high fuel charges and maintenance problems. On 10 June 2008 administrators were appointed

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Published In
New Square Chambers


01 Sep 2012
The bankrupt pensioner

The recent decision in Raithatha v Williamson [2012] EWHC 909 (Ch) is important for the pension rights of a bankrupt.

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Published In
New Square Chambers


12 Apr 2012
A Tale of Two Farms

Leigh Sagar clarifies the occupation of agricultural property for agricultural purposes.

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Published In
Trusts and Estates Law & Tax Journal


12 Apr 2012
‘Puppet masters’ beware

In the recent case of North Shore Ventures Ltd v Anstead Holdings Inc [2012], the Court of Appeal held that the court was entitled to infer that there was ‘some understanding or arrangement’ between settlors and trustees, by which the latter were to act on the instructions of the former.

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Published In
Trusts and Estates Law & Tax Journal


12 Apr 2012
Has the golden rule lost its lustre?

In Re Simpson [1977] Templeman J said that: In the case of an aged testator or a testator who has suffered a serious illness, there is one golden rule which should always be observed,

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Published In
Trusts and Estates Law & Tax Journal


05 Apr 2012
Ways and means

Thompson v Bee highlights the disputes over rights of way that can arise from inconsistent will drafting, as James Thom QC relates

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Published In
Trusts and Estates Law & Tax Journal


05 Apr 2012
A choice selection

Nicholas Le Poidevin QC introduces an issue devoted to articles by New Square Chambers

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Published In
Trusts and Estates Law & Tax Journal


05 Apr 2012
Signing your life away

The Court of Appeal’s decision in Marley v Rawlings was the correct one, as Alexander Learmonth reports

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Published In
Trusts and Estates Law & Tax Journal


10 Jan 2012
No smoke without fire

It is well known that on exchange of contracts for the purchase of land, title to the property vests in the buyer in equity, so that the buyer is immediately at risk if there is damage to the property. 

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Published In
New Square Chambers


10 Jan 2012
Signed, executed and all that!

The decision of the Court of Appeal in Hilmi & Associates Ltd v 20 Pembridge Villas Freehold Ltd [2010] 1 WLR 2750 (CA) highlighted the strict requirements of s 36A of the Companies Act 1985 (and hence the similarly-worded ss 43-47 of the Companies Act 2006 now in force) about companies signing and executing documents.

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Published In
New Square Chambers


10 Oct 2011
Don't mention the tax

A personal injury claim brought by Mr Derek Pitt following a serious road accident was compromised on terms that included the payment of a lump sum and monthly payments.

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Published In
New Square Chambers


10 Oct 2011
Trusts and divorce

Trusts (and companies) are often relevant in the context of a claim for ancillary relief on divorce. This article highlights some common situations.

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Published In
New Square Chambers


10 Oct 2011
Are we "all in this together"?

Where fiduciary duties are owed by an insolvent party and its directors, when will the beneficiary of those duties enjoy proprietary rights and so come ahead of other creditors?

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Published In
New Square Chambers


05 Jun 2011
Non-disclosure - managing the fall-out

Every litigator knows that an applicant on a without notice application, typically a freezing injunction or a search and seizure order, must make full and frank disclosure of all relevant information at the time of the application.

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Published In
New Square Chambers


05 Jun 2011
E-mails and pre-action third party disclosure

For purposes of disclosure, r 31.4 of the CPR defines a document (in very broad terms) as “anything in which information of any description is recorded”.

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Published In
New Square Chambers


04 Mar 2011
Derivative Claims: how far can you go?

There have been many reported cases about derivative claims in the company law context since 1 October 2007, when the new provisions for derivative claims in the Companies Act 2006 (ss 260-264 in Part 11, Chapter 1) came into force,

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Published In
New Square Chambers


04 Mar 2011
Interpreting articles of association

Since 1856 Parliament has prescribed default articles of association for companies limited by shares. By s 18 of the Companies Act 2006 a company cannot be formed without articles, and by s 17 the articles are one element of a company’s ‘constitution’.

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Published In
New Square Chambers


04 Mar 2011
Derivative Claims: who pays?

The issue of costs is probably the last issue taught at law schools, yet as every practitioner knows it is usually the most important issue in the practice of the law.
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Published In
New Square Chambers


15 Jan 2011
Constructive will construction in and out of court

Section C of the new edition of Theobald of course retains the vast amount of learning expounded by previous editors as to the construction of dispositions, the interest given, the property in question, and the intended beneficiary.

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Published In
New Square Chambers


15 Jan 2011
Testamentary capacity - recent developments

We all know that a testator must be mentally capable of making a will, and must know of and approve the contents of his will. From that apparently simple statement of principle, however, have sprung a great number of cases, some of the most recent of which are discussed below.

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Published In
New Square Chambers


15 Jan 2011
Wills and the Mental Capacity Act 2005

Most probate lawyers can probably almost recite by heart the now classic test of testamentary capacity enunciated by Cockburn CJ in Banks v Goodfellow (1870) LR 5 QB 549.

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Published In
New Square Chambers


15 Jan 2011
Adult children and the Inheritance Act

Since the decisions of the Court of Appeal in Re Hancock [1998] 2 FLR 345 and Espinosa v Bourke [1999] 1 FLR 747, it is no longer arguable that an adult child in employment always needs to prove “special circumstances” or a “moral claim” in order to succeed in a claim under the Inheritance (Provision for Family and Dependants) Act 1975 for provision from the estate of the deceased parent.

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Published In
New Square Chambers


15 Jan 2011
Betterment Properties (Weymouth) Limited v Dorset County Council No.2 (case note)

 

Published In
Rights of Way Law Review


30 Oct 2010
Overage agreements and unforeseen contingencies

Overage agreements, whereby a purchaser of land agrees to pay additional consideration to a vendor if certain defined events occur, are a frequent source of disputes, stemming in part from the long duration of many such agreements

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Published In
New Square Chambers


28 Aug 2010
Serving two masters

This article explores some of the problems of conflicts of interestwhich arise when a person, typically a corporate trustee, holdsshares in a trading company as a trustee of more than one trust.It examines the relevant legal principles and then considersin relation to two typical situations which are hypotheticalbut based on actual facts how conflicts may arise and how theyshould be addressed and resolved. 

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Published In
Oxford Press


31 Jul 2010
Just get on with it – lessons to be learned from Welsh rugby

The case in question was Re Neath Rugby Ltd, Hawkes v Cuddy [2008] BCC 390 (Lewison J), on appeal at [2009] 2 BCLC 427 (CA). What remedy should the court grant in a company petition seeking an order on the unfair prejudice ground, now in ss 994-996 of the Companies Act 2006?

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Published In
New Square Chambers


31 Jul 2010
Recent changes to the Insolvency Rules

Practitioners involved in the winding up of companies will need to master the extensive amendments to the Insolvency Rules 1986 made by the Insolvency (Amendment) Rules 2010 (SI 2010/686), which came into effect from 6 April 2010

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New Square Chambers


31 May 2010
Greens: landowners bogey in the Supreme Court

The unanimous decision of the Supreme Court in R (Lewis) v Redcar and Cleveland Borough Council [2010] UKSC 11 (“Redcar”), reversing the decision of Court of Appeal, was the fourth one from the highest appellate court in the last ten years concerning the registration of town and village greens.

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New Square Chambers


31 May 2010
A fresh insight into the battle of the forms

The problem: Most first-year law students are required to grapple with the “battle of the forms” cases. The problem raised by these cases is easy enough to state: a purchaser (P) wants to buy goods from a seller (S), and sends a purchase order to S which refers to or sets out its (P’s) standard terms and conditions.

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New Square Chambers


04 Mar 2010
Secret filming and the case law that subsequently arises

Madeleine Heal considers the growing populatiry of secret filming and the case law that arises

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Published In
Law Society Gazette


28 Feb 2010
Thriving in the shadow

The decision of the Lands Chamber of the Upper Tribunal last July in Pattle v Secretary of State for Transport [2009] UKUT 141 (LC) is likely to have far-reaching consequences for those landowners whose development plans have been thwarted by the prospective compulsory purchase of their land.

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New Square Chambers


28 Feb 2010
A grave year for undertakers

The conveyancing system relies heavily on solicitors’ undertakings. In most transactions, the purchaser pays purchase moneys relying on an undertaking from the vendor’s solicitor to discharge any charges affecting the property.

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New Square Chambers


31 Oct 2009
Alhamrani

Last July, the Royal Court of Jersey stayed proceedings in Alhamrani v Alhamrani after the parties entered into a confidential settlement. The Alhamrani case, with proceedings first begun in 2003, was the longest-running in Jersey legal history.

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New Square Chambers


31 Oct 2009
Appropriation – a “novel remedy"

Secured creditors have long had a clutch of remedies to get paid: they can sue for repayment, they can usually appoint a receiver, they can sell the security or collateral (the English term faces competition from the American) and – theoretically at least – they can foreclose. 

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New Square Chambers


31 Jul 2009
A wide-ranging contentious probate claim

Practitioners faced with a client who is aggrieved by the provision that has been made for him by a will or by the intestacy rules should remember that there is more than one way of skinning a cat.

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New Square Chambers


31 May 2009
Extracting costs: non-party orders against directors

When the House of Lords extended the costs jurisdiction to non-parties, they included an anti-floodgates caveat that ‘in the vast majority of cases, it would no doubt be unjust to make an award of costs against a person who is not a party to the relevant proceedings’

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New Square Chambers


31 May 2009
Extracting your money: CPR Part 71

Part 71 of the CPR provides a mechanism for a judgment creditor to force a judgment debtor to attend court to answer questions and provide information for the purpose of establishing what his assets are and their whereabouts. Its aim is to enable judgment creditors to determine the best method of enforcing a judgment.

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New Square Chambers


31 Mar 2009
Dealing with the estate's beneficial interest in a bankrupt's home: use it or lose it

In the present economic downturn one does not need to be the BBC Economics Editor to foresee that the volume of bankruptcy proceedings in England & Wales will increase in 2009 and 2010.

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New Square Chambers


31 Mar 2009
Appointing administrators: 'pre-packs' and procedural errors

One alternative to winding up a company commonly considered – both by insolvent companies and by their creditors – is the appointment of an administrator, under the procedure provided in the Insolvency Act 1986.

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New Square Chambers


31 Mar 2009
Financial adventure and forensic archaeology: transactions at undervalue and limitation periods

Financial adventurers sometimes prefer not to subject their own assets to the same risks that they are willing to impose on their creditors. Incorporating a company to carry on a risky business will usually provide legitimate protection for the members’ assets, but personal liabilities can still attach to the unlucky or malfeasant.

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New Square Chambers


31 Jan 2009
Serving abroad in trust disputes

Trust disputes often involve foreign defendants and before any litigation in England can get off the ground the claimant will have to think about how the proceedings are going to be served.

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New Square Chambers


31 Jan 2009
Trustees spilling the beans

In Breakspear v Ackland [2008] 3 WLR 698, decided recently by Briggs J, the effective settlor of a lifetime discretionary trust gave a letter of wishes to his trustees and supplemented it orally.

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New Square Chambers


31 Oct 2008
Managing expectations, disappointing hopes

The House of Lords’ recent decision in Cobbe v Yeoman’s Row Management Limited [2008] 1 WLR 1752 represents another big step in the recent trend of tightening the standard for proprietary estoppel claims, particularly in commercial cases.

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New Square Chambers


31 Oct 2008
The end of some bank charges?

Most holders of private bank accounts receive banking services for which no fee is charged so long as their account remains in credit. Many customers also use authorised overdraft facilities, for which an agreed fee will usually be payable.

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New Square Chambers


31 Jul 2008
Closure for crime prevention

 

Published In
Rights of Way Law Review


31 Jul 2008
Land Law: getting your deposit back

In vendor-purchaser disputes about the sale of an interest in land, the court has a jurisdiction to order that a purchaser who is in breach of the terms of the contract of sale should nevertheless have his deposit repaid by the vendor.

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New Square Chambers


31 Jul 2008
Ashe v National Westminster Bank plc: let the lenders beware!

The recent decision of the Court of Appeal in Ashe v National Westminster Bank plc [2008] 1 WLR 710 produced a windfall for the defaulting mortgagors and has caused alarm among financial institutions.

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New Square Chambers


31 May 2008
The Winchester case: CA

 

Published In
Rights of Way Law Review


30 Apr 2008
The Companies Act 2006: Provisions coming into force on 6 April 2008

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New Square Chambers


22 Apr 2008
Directors' Duites under the Companies Act 2006

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New Square Chambers


31 Mar 2008
Betterment Properties (Weymouth) Limited v Dorset County Council in the Court of Appeal (case note)

 

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Rights of Way Law Review


31 Jan 2008
A claimant changing the name of a defendant company by direct action

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New Square Chambers


31 Jan 2008
The Money Laundering Regulations 2007

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New Square Chambers


31 Jan 2008
Pye revisited: Human Rights and Adverse Possession

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New Square Chambers


31 Oct 2007
Landowners lament rights way of ruling

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New Square Chambers


20 Jul 2007
Merger talks

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Published In
New Law Journal


30 Jun 2007
Where does the public interest lie?

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New Square Chambers


30 Jun 2007
How big is an equity?

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New Square Chambers


30 Jun 2007
A sharp carving knife rather than a salami slicer

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New Square Chambers


30 Jun 2007
The lawfulness of metatags as trade marks

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New Square Chambers


28 Feb 2007
An Introduction to the Companies Act 2006

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New Square Chambers


30 Nov 2006
White v Jones - whatever next?

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New Square Chambers


30 Nov 2006
Trade marks - was FCUK lawful

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New Square Chambers


30 Sep 2006
Misconduct and unfair prejudice - and divorces (Grace v Biagioli and Richardson v Blackmore)

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New Square Chambers


30 Sep 2006
Trustee directors and trust companies (Re Poyiadjis)

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New Square Chambers


30 Jun 2006
Human rights and adverse possession

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New Square Chambers


30 Jun 2006
Getting at the court record - access by all and sundry?

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New Square Chambers


30 Jun 2006
Charity ends at home

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New Square Chambers


31 Mar 2002
Watch out for the small print

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New Square Chambers


31 Mar 2002
Piercing the corporate veil -where are we now?

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New Square Chambers


31 Mar 2002
Accessory Liability: The "New" Dishonesty

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New Square Chambers


31 May 2001
Unjustly Frozen : Section 127 of the IA reinterpreted

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New Square Chambers



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