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Articles by Radcliffe Chambers
Radcliffe Chambers Commercial Litigation Conference 2024
Join us for the Radcliffe Chambers Commercial Litigation Conference 2024 on Thursday, 1st February 2024, 12:30 - 21:00 at etc.venues St Paul's. Our Commercial Litigation Conference will be led by members of the Radcliffe Chambers Commercial Litigation practice group together with industry experts and will cover a wide range of pertinent issues and trends faced by the business world today to provide attendees with comprehensive and up-to-date legal information and support.
Blessings: when worlds collide
For over 100 years, the English Courts have entertained applications by trustees for directions, including to bless proposed “momentous” exercises of powers. Recently, this jurisdiction has extended through judicial decisions to corporate office-holders. The jurisdiction has received increasing scrutiny, not least in relation to the vexed question of immunity, resulting in the Court of Appeal’s recent decision in Denaxe Ltd v Cooper [2023] EWCA Civ 752, a case concerning Blackpool Football Club.
Interests in possession: a critique of Hall v HMRC
Does a beneficiary with a life interest in a particular property under a will have an enforceable right to occupy that property in circumstances where a third party voluntarily pays an estate debt that could only otherwise have been satisfied by the executors selling the property? The recent decision in Hall v HMRC [2023] UKFTT 32 (TC) held that no such right existed and, as a result, the life-interest beneficiary did not have an ‘interest in possession’ for inheritance tax purposes.
Brexit's Unwelcome Effect on Commercial Litigation and Arbitration
Expert Opinion As the UK attempts to join the Lugano Convention, questions are being asked about London's position as a litigation and arbitration centre. Brexit has thrown up profound changes for the UK’s legal services industry. At 11pm on 31 December 2020, the Brexit transition period ended and the U.K. ceased to be a member of the single market and customs union.
Charity: Where duty lies
Charity: Where duty lies Radcliffe Chambers Matthew Mills considers when members of charitable companies will be subject to fiduciary duties in light of the recent Supreme Court decision in Lehtimäki v Cooper You must be logged in and have an active subscription to view full content. Login Subscribe Now Cases Referenced Cases in bold have further reading - click to view related articles. Post navigation
Trustees: Unanswered questions
Trustees: Unanswered questions Radcliffe Chambers Elizabeth Ovey examines the position on the exercise of discretionary powers for an improper purpose You must be logged in and have an active subscription to view full content. Login Subscribe Now Cases Referenced Cases in bold have further reading - click to view related articles.
Rectification: Which law applies?
Rectification: Which law applies? Radcliffe Chambers Kelly v Brennan [2020] provides welcome guidance on whether the court can rectify a foreign will and on time limits. Josh Lewison explains. You must be logged in and have an active subscription to view full content. Login Subscribe Now Cases Referenced Cases in bold have further reading - click to view related articles.
Farming disputes: Brothers in arms
Home » Trusts & Estates Law and Tax Journal » April 2020 #215 » Farming disputes: Brothers in arms Farming disputes: Brothers in arms Radcliffe Chambers Daniel Burton considers a recent case involving trusts of land, family fallouts and a special purchaser You must be logged in and have an active subscription to view full content. Login Subscribe Now Cases Referenced Cases in bold have further reading - click to view related articles.
Charities: Tainted gifts
Charities: Tainted gifts Radcliffe Chambers What should charity trustees do when they cannot even give money away? Josh Lewison discusses You must be logged in and have an active subscription to view full content. Login Subscribe Now Cases Referenced Cases in bold have further reading - click to view related articles. Lehtimäki v The Children’s Investment Fund Foundation (UK) & ors [2018] WTLR 491 Quan v Bray & ors [2017] EWCA Civ 405 Re Colonial Bishoprics Fund [1935] Ch 148 Post navigation
Trust litigation: Data control
Robert Pearce QC discusses how the courts treat privacy in trust litigation in our information age You must be logged in and have an active subscription to view full content. Cases Referenced Cases in bold have further reading - click to view related articles.
Court of Protection: Standing in the donor’s shoes
Court of Protection: Standing in the donor’s shoes Radcliffe Chambers Justin Holmes reports on a case concerning the making of a deathbed statutory settlement to avoid the intestacy rules You must be logged in and have an active subscription to view full content. Login Subscribe Now Cases Referenced Cases in bold have further reading - click to view related articles.
Will drafting: Tech support
Will drafting: Tech support Radcliffe Chambers Josh Lewison asks whether AI could be used effectively to write wills You must be logged in and have an active subscription to view full content. Login Subscribe Now Cases Referenced Cases in bold have further reading - click to view related articles. Post navigation
Donationes mortis causa: the recent case of King v Chiltern Dog Rescue [2015] EWCA Civ 581
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