Mind the gap – Economic duress of lawful act

31 March 2022

On 18 August 2021, in Pakistan International Airline Corporation v Times Travel (UK) Ltd (Appellant) [2021] UKSC, the Supreme Court unanimously held that economic (or lawful act) duress does exist under English law. 

Top ten tips for supporting modern families with their estate planning

27 January 2022

Modern or ‘blended’ families come in all shapes and sizes, they might have children from previous relationships or have family members across the globe. They may consist of cohabiting partners, same-sex married couples, adopted children or enjoy a blend of cultures. They represent the wonderfully diverse world we live in today and are growing increasingly common.

When does a Litigation Funding Agreement become a Damages-Based Agreement?

11 January 2022

Litigation funding agreements (“LFA”) and damages-based agreements (“DBA”) are both forms of litigation funding. Both are ways to facilitate access to justice and both enable litigants to pursue their claims without having to bear the costs of so doing – at least until judgment is given in their favour. The “litigation risk” is transferred away from the litigant and onto the investor and the legal representatives.

The Temple Clinical Negligence Roundtable discussion

16 December 2021

With several challenges currently facing the world of clinical negligence, Temple recently invited a number of leading clinical negligence practitioners to the Royal Society of Arts in London, to discuss some of the hot topics within the industry and how they could be addressed. Myself and my colleague, Philip Pipkin, had a stimulating day in their company.

To tweet or not to tweet, that is the question

15 November 2021

Catherine Bailey of Bar Marketing provides practical guidance for any lawyers looking to leverage the social media channel of Twitter to optimise brand awareness and increase instructions.

Establishing fraudulent calumny – has the mind of the testator been ‘poisoned’?

21 June 2021

There are a number of grounds upon which a person might seek to a challenge the will of a loved one. They include circumstances where the specific formalities required when creating a will are not adhered to, or where the person making the will did not have the necessary mental capacity. It might be that the person making the will did not understand or approve its contents or that they were subject to some form of undue influence by another party. One of the less common grounds potentially available to someone wishing to challenge a will is that of fraudulent calumny.

CPD for solicitors during the pandemic

10 May 2021

When the UK began its first national lockdown in March last year, it is fair to say for many law firms continuing professional development (CPD) was not a priority.

Personal insolvency verses matrimonial law

3 March 2021

It is fair to say that there has, for many years, been a “difference of opinion” between the law governing personal insolvency and matrimonial law with each “side” believing that they are right and should take precedence. The principal, sometimes conflicting, legislation is covered in the Insolvency Act 1986 and the Matrimonial Causes Act 1973. However, the differing courts can and will give wide discretion when determining whether and how a married couple’s assets are to be divided.

Family courts meet the Covid challenge

13 January 2021

While the criminal courts in particular have struggled to cope with the impact of the pandemic, the family system seems to have fared somewhat better.

Lost wills: What to do when the original will cannot be found

11 November 2020

Personal representatives tasked with dealing with a deceased person’s affairs are often faced with a number of challenges, both legal and practical. Sometimes these challenges can be complex and involve dealing with contested wills.

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Why lawyers should be thinking about sustainable development

The UN Sustainable Development Goals have been permeating all aspects of the legal profession – from their impact on everyday clients, to their relevance for big businesses.

Fundamental business habits that modern law firms need to succeed

Regardless of your goals, running a successful law firm involves mastering the basics and adopting habits that help you remain competitive.

Estate administration: the digital assets dilemma

The rapid increase in the range and prevalence of digital assets is creating an ever-widening gap between the technologies and the lumbering legal systems trying to keep up.

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