Searching Content indexed under Trials & Appeals & Compensation by Wedlake Bell ordered by Published Date Descending.
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The Case Of Tobias V Tobias [2017] - Freezing Injunctions, Without Notice Orders And Applications To The Out-Of-Hours Judge
On 29 June 2017, a Judgment was given in the case of Tobias v Tobias ([2017] EWFC 46) which gave guidance in relation to freezing injunctions...
12 Sep 2017
Why It's Even More Important Now To Check The Interest Clause Within Your Building Contracts And Appointments – Adjudication Costs
In a recent case (Lulu Construction vs Mullalley & Co) the contractor benefitted from a legal uncertainty regarding compensation for late payment and was awarded his adjudication costs.
20 Dec 2016
R (Miller) V Secretary Of State For Exiting The European Union
It's like the English Civil War all over again, though this time the Roundheads (Remainers) are fighting the Cavaliers (Brexiteers) through the courts rather than on the battlefields of the British countryside.
17 Nov 2016
Court Of Appeal Denies Barnardo's Permission To Switch From RPI To CPI
The Court of Appeal has declared that trustees of the Barnardo's pension scheme cannot switch its indexed linked payments from the Retail Price Index (RPI) to the Consumer Price Index (CPI).
11 Nov 2016
Think Before You Link!: When Does Unauthorised Hyperlinking Infringe Copyright?
In what circumstances does the unauthorised posting of a hyperlink run the risk of infringing copyright? The question is an important one, for hyperlinks help the internet to work smoothly; and it is also a topical one, for it was the subject of a recent ruling by the Court of Justice of the European Union (CJEU) – GS Media – that helps to clarify the issue.
28 Oct 2016
When Should Directors Consider The Interests Of Creditors
In the recent decision of BTI 2014 LLC v Sequana SA & others, the High Court considered a number of legal aspects around the payment of dividends and the making by directors of a statement of solvency.
28 Oct 2016
Death Benefits: No Duty On Employer To Tell Member About Less Generous Death Benefits
The Pensions Ombudsman (PO) has given a determination in a complaint by a Mr N that the respondents were not under a duty to inform his wife, Mrs N, that opting to stop contributions...
25 Oct 2016
Unfairly Cut Out Of A Will? Here's What You Need To Know
You don't need to just 'let it be', the 1975 Act is there to protect against victims of vindictive spouses or parents, write Caroline Cook and Katie Turney.
10 Oct 2016
Landlords And Tenants - Take Notice!
The recent High Court case of Vanquish Properties (UK) Limited Partnership v Brook Street (UK) Limited is a blunt reminder of the strict requirements for serving a valid break notice.
3 Oct 2016
Is Asking Gollum About His Precious Ring A Viable Recovery Strategy?
Liquidators and Trustees in Bankruptcy have wide ranging powers to apply to the Court for the delivery up of information that relates to the affairs of the bankrupt or the company in liquidation...
27 Sep 2016
Pensions Ready Reckoner - July 2016
A recap of latest developments in the ever-changing world of occupational pension schemes.
26 Jul 2016
Ombudsman Wrong In Suspected Pension Liberation Case
The High Court has overturned a decision of the Pension Ombudsman which had allowed a personal pension scheme to decline a member's transfer request where there were concerns about the possibility of a pensions scam.
26 Jul 2016
It's Not Just Cricket!: Where Are The Boundaries Of The Fair Dealing Defence?
Cricket and copyright rarely coincide, buy they did in the High Court earlier this Spring, when Mr Justice Arnold handed down a typically mammoth and meticulous judgement in England and Wales Cricket Board v Tixdaq.
22 Jul 2016
Brexit - Implications For Commercial Litigation
Disputes often have at their core a commercial contract, entered into between two or more parties, for the supply of goods or services.
22 Jul 2016
Landlord And Tenant Disputes
The tenant (or, as the Telegraph described him, the 52-year-old husband of the Duke of Kent's daughter) has a lease of ground floor and basement premises in Mayfair for a high-class modern art gallery.
18 Jul 2016
DNA Testing Resolves Scottish Baronetcy Succession Dispute
The Privy Council has ruled that DNA evidence can be accepted to uphold a man's claim to succeed to the baronetcy of Pringle of Stichill.
4 Jul 2016
Notification Injunctions : As An Alternative To Freezing Injunctions, Can They Offer Better Security To Claimants Against Unenforceable Judgments?
An early consideration in the course of litigation is whether a Judgment will ultimately be enforceable and whether a Defendant is likely to disseminate assets to prevent enforcement.
3 Jun 2016
Can Death Supersede Divorce Settlements?
The High Court case brought by Mari Vindis who is seeking a financial settlement from her late husband's £12 million estate brings into focus the difficulties that one can encounter when dealing with a claim against a deceased estate.
26 May 2016
First Sentence For Corporate Bribery Conviction
Southwark Crown Court recently handed down the first sentence in relation to a corporate conviction under section 7 of the Bribery Act 2010 which deals with 'Failure of commercial organisations to prevent bribery'.
23 May 2016
Tenants Cannot Assign To Their Guarantors
The High Court has held that a tenant cannot assign its lease to its own guarantor.
20 May 2016
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