What steps should be taken where a trust deed has been lost and a copy cannot be located?In the case of a missing trust deed, the first step would be...
How can an individual request a search for a caveat before applying for a grant?As set out in Practice Note: Probate actions—caveats, before a grant...
Property analysis: In this appeal the court was asked to determine the effect of the respondent attempting to transfer his legal interest in a...
Trust disputes—trustees' removal under section 41 of the Trustee Act 1925This Practice Note covers the purpose and procedure of section 41 of the...
Scotland—the process for applying for sequestrationSequestration in Scotland is the legal process by which an insolvent debtor’s estate is gathered in, realised and then distributed among their creditors by a trustee appointed for that purpose. The process requires that a formal award of
Late payment penalties—inheritance taxWhile interest often accrues on overdue tax, the late payment of certain taxes may also attract a penalty. For information on the interest accruing on overdue tax, see Practice Notes: IHT—payment deadlines on death—Interest on IHT and Interest on late paid
Contributory negligence in personal injury claimsContributory negligence is a partial defence which can lead to a discount in damages.Other defences may also be relevant. See Practice Notes: Did the claimant consent to the risk of injury? and Was the claimant involved in an illegal activity?If a
Dispute Resolution analysis: The High Court has provided concise guidance as to how misrepresentation should be analysed when considering jurisdictional gateways. Under Article 5(3) of the Lugano Convention, in negligent misstatement cases, the place of the event giving rise to damage is normally
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