Broadly, the nature of a bare trust is such that the beneficiary of the trust, is to all intents and purposes, the absolute owner of the property. As such, a bare trust is unlikely to provide much, if any,

The English courts have imposed costs sanctions on litigating parties who have unreasonably failed to mediate and one of the leading cases in this regard is Halsey v Milton Keynes General NHS Trust. See Practice Note: Costs consequences of refusing to consider ADR in civil proceedings for, among other matters, more information on that case and how it has been interpreted by the English courts in the context of litigation proceedings. One of public policy reasons for the English court’s decision to sanction parties in costs for unreasonable refusing to mediate in litigation is that the court resources are finite and, if possible, the parties should resolve their disputes without recourse to the courts or with limited court intervention. However, it may be suggested that no equivalent public policy exists in arbitration as arbitration is a private, consensual dispute resolution procedure where the parties (or those funding the parties)

Restructuring & Insolvency analysis: Sean Moran, partner at Shakespeare Martineau (and lawyer for the claimant), examines the decision in Raithatha v Baig and comments on the implications for company directors.

The Unfair Contract Terms in Consumer Contracts Regulations 1999, SI 1999/2083 (UTCCR 1999, SI 1999/2083) apply to assured shorthold tenancies created before 1 October 2015. Part 2 of the Consumer Rights Act 2015 (CRA 2015), (CRA 2015, ss 61 to 76) applies to assured shorthold tenancies created on or after that

Trustees have duties to preserve trust property, observe the terms of the trust and act impartially between the beneficiaries, among other duties. For guidance on trustees’ duties, see Practice Note: Trustees—duties. It is generally prudent for trustees to review their decision-making regularly, eg at trustee meetings and to record this in

Application for possession and sale Subject to exceptions, any interest in real property held by the bankrupt at the date the bankruptcy commences will vest in the trustee in bankruptcy (trustee). The trustee's main aim will be to secure and realise the value of the bankrupt's interest in any property for the benefit of the bankruptcy creditors. The trustee is able to exercise the powers contained in Schedule 5 Part I of the Insolvency Act 1986 (IA 1986) and applied by IA 1986, s 314 which includes the power to sell property in the bankruptcy estate. For further information, see Practice Note: Possession and sale applications in respect of a bankrupt's family home Article 8 of the European Convention on Human Rights Article 8 of the European

Stay of proceedings In general, neither the commencement of an appeal nor the grant of permission to appeal affects the enforceability of the material judgment below. Therefore, to achieve a stay of proceedings, you will need to apply to the court. Aside from the prompt nature of appeals in general, given the terms you are most likely to want to stay (eg payment of damages and/or costs) are likely to have tight time limits for compliance, any application seeking a stay of execution pending appeal should be made promptly and most often in the application for permission to appeal within the appellant's notice. For guidance on the application for permission to appeal, see Practice Note: Starting an appeal—general provisions. When determining an application for a stay, the court will consider whether there

Section 27 of the Trustee Act 1925 (TA 1925), personal representatives can give notice by advertisement in the Gazette and a local newspaper, requiring any person interested to send particulars of their claim within a specified time, not less than two months. After this period, the personal representatives can distribute the estate, having regard only to the claims of which they had notice at the time of distribution,

Application to cloud service providers The E-Commerce Directive applies to any ‘information society service’ which is defined as ‘any service normally provided for remuneration at a distance, by means of electronic equipment for the processing (including digital compression) and storage of data, at the individual request of a recipient of the service’. This definition is broad enough to capture cloud services, albeit cloud services were in their relative infancy when the E-Commerce Directive was drafted. It should be borne in mind that the E-Commerce Directive pre-dated the launch of Amazon Web Services (launched in 2006) and Microsoft’s Azure cloud service (announced in 2008 and not launched until 2010). Therefore it is unsurprising that, 17 years on, there have been calls for the E-Commerce Directive to be updated including the clarification that cloud services, for which storage of data may only be a component, fall within the scope of the E-Commerce Directive. See, for example, para 5

A derivative claim is a claim brought by a member of a company in respect of a cause of action vested in the company itself. It is derivative in the sense that the member derives its standing to bring the claim from the company's own standing. Prior to 1 October 2007, derivative actions (as they were then known) were governed by the common law. Part 11 of the Companies Act 2006 (CA 2006) introduced statutory derivative claims into English law. Until the decision of Mr Justice Briggs in Re Fort Gilkicker Ltd; Universal Project Management Services Ltd v Fort Gilkicker Ltd (Re Fort Gilkicker Ltd), it was thought that the previous common law in relation to derivative claims had been almost entirely swept away by the statutory derivative claim. Following the decision in this case, the current view is that the previous

The answer below is subject to the wording of the relevant documents and the specific circumstances of the case. As a general rule, the fewer rights a third party individual has to an item of property, the lower the risk that they can lay claim to it. Generally, a right to occupy a house by way of licence bestows no ownership right in the property on the occupier. An interest in possession, on the other hand, while it does not involve a direct right in the underlying

Charity as a consumer Consumer means an individual acting for purposes that are wholly or mainly outside that individual's trade, business, craft or profession. If a trader claims in court that an individual was not acting as a consumer, he or she has to prove this. Section 2 of the Consumer Rights Act 2015 (CRA 2015) as such a charity is not an individual for the purposes of the consumer protection legislation. Charity as a trader Where an individual makes a purchase from a charity, it