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Social Distancing & Isolation: A role for ADR
View PDF Authors: Jennifer Haywood

In light of the current need for social distancing and isolation, Jennifer Haywood discusses the role of alternative dispute resolution via video conferencing, and how the increased use of modern technology will help us all find a way to resolve ongoing disputes.

Amy Proferes comments on the Court of Appeal case in Kinglsey v Kingsley [2020] EWCA Civ 297 (Ch)
View PDF Authors: Amy Proferes

Our member Amy Proferes comments on the Court of Appeal case in Kinglsey v Kingsley [2020] EWCA Civ 297 (Ch) which was handed down on Tuesday, 3rd March. For the judgment, please click here.

Jamie Randall discusses judgment in Shanda Games Ltd v Maso Capital Investments Ltd & Ors [2020] UKPC 2
View PDF Authors: Jamie Randall, Philip Jones KC

Jamie Randall discusses the eagerly-awaited judgment in Shanda Games Ltd v Maso Capital Investments Ltd & Ors [2020] UKPC 2 which was handed down on Tuesday, 27th January 2020.

Philip Jones QC acted for Shanda Games Ltd (Respondent).

Restrictive Covenants and Freehold Land
Authors: LexisNexis Andrew Francis

The Fifth Edition of Restrictive Covenants and Freehold Land is now available to purchase on LexisNexis. 

The book has established itself as an essential guide for the practitioner requiring an understanding of the law of restrictive covenants affecting freehold land. This newest edition considers all areas of law and practice affecting restrictive covenants. The book has been described as "making complex topics intelligible, and enabling readers to solve problems quickly and accurately".

Legal and practical issues arising from Lehtimaki v Children’s Investment Fund Foundation (UK)
Authors: Trusts & Trustee Gregor Hogan

This article for Trusts & Trustee addresses the legal and practical issues that might arise from the Court of Appeal's judgment by considering various structures of membership of charitable companies limited by guarantee. It also considers the significance of the Court of Appeal’s observations on the courts’ powers to intervene in the exercise of discretion by fiduciaries in the charities context.

Please click here to read the article. 

‘How effective is committal as a means of securing compliance with a mandatory injunction?’
View PDF Authors: Gareth Tilley

Legal systems in the UK (England and Wales): Overview
Authors: Practical Law Professor Suzanne Rab

A Q&A guide to the legal system in the UK. The Q&A gives a high level overview of the key legal concepts including the constitution, system of governance and the general legislative process; the main sources of law; the court structure and hierarchy; the judiciary and its appointment; the general rules of civil and criminal litigation, including reporting restrictions, evidentiary requirements, the roles of the judge and counsel, burdens of proof and penalties. 

Please click here to view the full article.


Med-Arb: a successful combination for beneficiaries?
Authors: New Law Journal James Behrens

Dr James Behrens considers the pros & cons of evaluative mediation in resolving trust & estate disputes.

If you have a subscription to New Law Journal, you can view the full article here.

Modification of covenant impeding reasonable user of land (Payne v Maldon DC)
View PDF Authors: LexisPSL Andrew Bruce

Andrew Bruce was interviewed by LexisPSL this week about the decision of the Upper Tribunal in Payne v. Maldon D.C [2019] UKUT 335 (LC). The decision concerned an application to modify a restrictive covenant arising out of a planning agreement and gives rise to an interesting issue about ‘release fee’ damages.

Please click here to read Andrew's article.