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Area of Law: Private Client Trusts and Probate
The Court of Appeal has handed down judgment in Lorenz v Caruana [2025] EWCA Civ 606, overturning the decision to grant summary judgment against the Claimant’s claim that half of his brother’s residuary estate was held on secret trust for the Claimant and his two siblings. The Defendant argued that the contemporaneous documents established that the deceased’s intention was to give his estate outright to her in order to avoid inheritance tax and that the claim therefore had no prospect of success. The Court of Appeal noted, however, that the contemporaneous documents did not speak with one voice and accepted that an intention to avoid inheritance tax does not inevitably mean that the deceased cannot have intended to impose an enforceable obligation on the Defendant. The Court considered that there was a real prospect of further evidence being available at trial that would support the Claimant’s case, particularly in light of the limited evidence given by the Defendant as to the instructions given to her by the Deceased. The decision is a reminder that it is only in rare cases that summary judgment will be granted where there are disputed issues of fact, particularly where what lies at the heart of the claim is the content of oral discussions.
Read MoreArea of Law: Insolvency
By a judgment handed down on 19 February 2025, the UK Supreme Court dismissed the appeal in the Invest Bank v El-Husseini litigation concerning the scope of section 423 of the Insolvency Act 1986.
Read MoreArea of Law: Intellectual Property
Judgment has been handed down in D.W. Windsor Limited v Urbis Schreder Ltd [2025] EWHC 563 (IPEC), a patents dispute, following a 2-day trial in the IPEC on 17 and 18 December 2024.
Read MoreArea of Law: Company
In Changyou.com Ltd v Fourworld Global Opportunities Fund Ltd & Ors, the Judicial Committee of the Privy Council had to consider whether minority shareholders in a “short-form” merger under Part XVI of the Cayman Islands Companies Act (i.e. a merger of a parent company with its subsidiary where the parent company holds at least 90% of the voting power) had a right to be paid a judicially determined fair value for their shares instead of the merger consideration offered under the terms of the merger (known as “appraisal rights”).
Read MoreArea of Law: Property
Jonathan Upton has successfully obtained an access order under the Access to Neighbouring Land Act 1992. The developer requires access over the adjacent land to demolish and rebuild part of an external elevation for the purposes of redeveloping of a derelict textile mill into a block of luxury flats.
Read MoreArea of Law: UAE & DIFC Litigation
Rupert Reed KC and Gregor Hogan acted for the successful respondent in the landmark DIFC Court of Appeal judgment in Nael v Niamh [2024] CIFC CA 015 (9 January 2025).
Read MoreArea of Law: Company
Judgment has been handed down in Re London Resort Co Holdings Ltd [2024] EWHC 3287 (Ch), an interesting High Court case concerning irremediable breaches of the terms of a company voluntary arrangement (CVA) by an insolvent company and the refusal by the CVA supervisor to terminate the CVA in response to such breaches. ICC Judge Barber’s judgment provides helpful guidance about CVAs and the duties of CVA supervisors. The case is a rare example of a successful challenge to a decision/omission of a CVA supervisor under section 7(3) of the Insolvency Act 1986.
Read MoreArea of Law: Private Client Trusts and Probate
The Supreme Court handed down judgment this morning in Hirachand v Hirachand, holding that CFA success fees could not form part of any relief granted under the Inheritance (Provision for Family and Dependants) Act 1975. Constance McDonnell KC, together with Christopher Wagstaffe KC and Sophia Rogers, acted for the Respondent, instructed by Scott Taylor at Moore Barlow.
Read MoreArea of Law: Intellectual Property
Judgment has been handed down in Bionome v Clearwater [2024] EWHC 3155 (Ch), an interesting High Court appeal concerning intellectual property and trusts. The judgment of Tom Mitcheson KC addresses issues including the patent entitlement, the proper construction of an alleged assignment and whether a trust had been validly declared by conduct. The case is also a rare example of a successful application to adduce fresh evidence on appeal under CPR r. 52.21(2), applying the Ladd v Marshall criteria.
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