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When You Have Not Been Reasonably Provided For (Case Study of a Claim under the Inheritance (Provision for Family and Dependents) Act 1975) (“the Inheritance Act”)

In late 2014 Summit Law LLP was approached by a client. He was a young man, just 18 at the time and unfortunately his father had died. Our client was distressed. After his father’s death a Will materialised leaving a small legacy to him and other small legacies to friends and other family of the […]

When You Have Not Been Reasonably Provided For (Case Study of a Claim under the Inheritance (Provision for Family and Dependents) Act 1975) (“the Inheritance Act”) Read More »

Costs of providing documents pursuant to Section 236 of the Insolvency Act 1986 not recoverable from the insolvency estate as the duty is a ‘public duty’

The High Court case of Harvest Finance Ltd (in liquidation) v Cannons Law Practice LLP and another [2014] EWHC 4327 (Ch) considered whether an order should be made that the costs incurred by a law firm in providing documents be met by the insolvent estate (the liquidator had applied for an order pursuant to section

Costs of providing documents pursuant to Section 236 of the Insolvency Act 1986 not recoverable from the insolvency estate as the duty is a ‘public duty’ Read More »

Bankruptcy threshold rises to £5,000

The bankruptcy threshold will increase to £5,000 for creditors’ bankruptcy petitions presented after 1 October 2015 as set out in the Insolvency Act 1986 (Amendment) Order 2015. Should a bankruptcy petition be presented prior to this date, the current minimum bankruptcy level of £750 will apply. Whilst debtors will welcome the move, creditors wishing to

Bankruptcy threshold rises to £5,000 Read More »

Overdrawn Directors’ Loan Accounts

In this two part series, solicitor and founding partner Jeremy Boyle of Summit Law LLP and Barrister Louise Bowmaker of Enterprise Chambers, take a look at the legislation relating to directors’ overdrawn loan accounts. Seven years since the legalisation of directors’ loans, the ever-flexible directors’ loan account is as popular as ever, particularly for smaller,

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New Changes to CPR Part 36 Offers – Effective from 6 April 2015

The purpose of CPR Part 36 is to encourage settlement between parties before trial.  Its primary effect is to impose cost sanctions on a party who declines an offer to settle a dispute pursuant to Part 36 and subsequently then fails to achieve a better result at trial. The new rules will be in force

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High Court dismisses TIB’s application compelling a bankrupt to draw down pension which is not yet in payment

The High Court considered in Horton v Henry whether it had power under s.310 of the IA 1986 to make an IPO in respect of a pension which is not in payment. The earlier 2012 decision in Raithatha v Williamson concluded a TIB had power to claim a bankrupt’s lump sum entitlements under personal pension schemes not yet in

High Court dismisses TIB’s application compelling a bankrupt to draw down pension which is not yet in payment Read More »

New Guidance from Civil Justice Council – Instructing Expert Witnesses

Since 1 December 2014, new guidance on the instruction of experts in civil claims has been implemented.  The new guidance highlights the existing requirements concerning expert duties under CPR 35 and PD 35 and reinforces the underlying requirement of independence. The new guidance reflects the Jackson reforms which were introduced in April 2013. The full

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