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Monthly Archives: February 2012

Contested Wills: Wharton Vs Bancroft

A High Court Judge has awarded costs on an indemnity basis against three adult daughters who contested their late father’s death-bed will because he believed that their case was so factually and legally weak. Indemnity costs awards involve the paying party being ordered to pay all the receiving party’s reasonable legal costs as opposed to […]

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OFT Launches Review into Payday Lending

The Office of Fair Trading has launched launched an extensive review of the payday lending sector, in part prompted by concerns that some payday lenders may be taking advantage of people in financial difficulty. The review will investigate compliance with the Consumer Credit Act and the OFT’s guidance on irresponsible lending. David Fisher, OFT Director […]

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Druces LLP’s Private Client Newsletter Winter 2012

WELCOME TO DRUCES LLP’S PRIVATE CLIENT NEWSLETTER FOR WINTER 2012. You will find in this update recent case law and legislative changes relevant to the private individual and charities. Contact details for our Private Client Partners can be found on our website at Private Client Partners, if you would like further information on these issues. […]

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Administrations: Landlord and Tenant Update

Summary: Richard Baines, Head of Druces’ Business Turnaround, Restructuring and Insolvency team, looks at the recent Court decisions relating to the impact of administrations on landlords and tenants, in an article first published in the In House Lawyer magazine in February 2012 Relevant to: Administrators, landlords and tenants

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Occupy London Protestors Denied Appeal Hearing by Court of Appeal

The Court of Appeal today has rejected Occupy London protestors’ application for permission to appeal against an Order for possession of parts of St Paul’s Churchyard made in favour of the Corporation of London in January. The ruling leaves the Corporation of London free to evict the protestors if the protestors refuse to give up possession in […]

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Service of Legal Proceedings via Facebook: Ako Capital

Summary: A High Court Judge has ruled in the case of AKO Capital LLP and Anor -v- TFS Derivatives and Others that civil legal proceedings may be served on a Defendant via his Facebook account, where the Claimant had been unable to locate him for the purpose of serving the legal proceedings in a more […]

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Warning Notice on SDLT Schemes from SRA

The Solicitors Regulation Authority has published a warning notice on the promotion or facilitation of stamp duty land tax schemes, warning solicitors that some schemes may not be in the best interests of clients and listing a number of factors which may be relevant in considering whether or not they are. A link to the […]

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Strict Approach to the Rectification of Wills: Marley Vs Rawlings & Anor (2012)

A recent decision in Marley -v- Rawlings demonstrates the strict approach Courts take in respect of applications to rectify Wills. Mr Marley had been treated like a son by Mr and Mrs Rawlings. He was to inherit their entire estate under the terms of their Wills, which were signed at the same time. However, in error, Mr Rawlings signed Mrs Rawlings’ […]

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Undue Influence and the Scope of Solicitors’ Duties: Padden Vs Bevan Ashford

Summary: In Padden v Bevan Ashford Solicitors the Court of Appeal has considered the scope of solicitors’ duties in advising clients in respect of the purpose and effect of transactions, particularly in respect of transactions where there may be a suggestion of undue influence. The case is of particular relevance to practitioners advising clients in […]

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