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    The Pensions Ombudsman – competent but not a court

    On 1 November, the Court of Appeal appeared to envision a County Court “rubber stamping” procedure for overpayment dispute determinations. “Cui bono?”, one might ask. Ram Lakshman has written a casenote summarising the case with commentary.  The article was first... Read more

    By Ram Lakshman
    Thursday 9 November 2023

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    Lumb v Lumb: fitting together the costs rules in probate disputes with the general ethos of the CPR

    Article by Benjamin Slingo, 30th October 2023 To read or download this article as a PDF, please click here.  Lumb v Lumb [2023] EWHC 2052 (Ch) was an appeal on costs which sheds interesting light on how general rules of... Read more

    By Benjamin Slingo
    Monday 30 October 2023

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    When doing nothing is not enough: the liabilities of directors for inaction

    Daniel Lewis has written an article for Issue 14 of TL4 FIRE Magazine’s annual ‘Contentious Insolvency Edition 2023‘. To read the full article, please click here.

    By Daniel Lewis
    Monday 25 September 2023

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    Pensions, personal bankruptcy and creditor recovery: recent developments

    David Pollard and Joseph Steadman’s article, ‘Pensions, personal bankruptcy and creditor recovery: recent developments’, has been published in Issue 37.2 of Trust Law International by Bloomsbury Publishing. Trust Law International is a well established quarterly journal with a mixed readership... Read more

    By David Pollard | Joseph Steadman
    Friday 15 September 2023

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    The Remuneration of Pension Trustees: Some Current Issues

    As a part of the “Remind me about” series, Robert Ham KC discusses two current issues regarding trustee remuneration, namely the 2022 decision of the Court of Appeal in Re Townsend and the new tPR Code provisions. The article was... Read more

    By Robert Ham KC
    Monday 11 September 2023

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    Immunity for Blackpool FC? It’s not clear…

    Article by Samuel Cathro, 30th August 2023 To read or download this article as a PDF, please click here.  If the court blesses a transaction, the trustee is immune from subsequent challenge.  One might be forgiven for thinking that is... Read more

    By Samuel Cathro
    Wednesday 30 August 2023

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    Taking risks and tax avoidance – Bhaur v Equity First Trustees (Nevis) Ltd [2023] EWCA Civ 534

    Article by Lemuel Lucan-Wilson, 31st July 2023 To read or download this article as a PDF, please click here. The recent case of Bhaur v Equity First Trustees (Nevis) Ltd [2023] EWCA Civ 534 provides a timely reminder of the... Read more

    By Lemuel Lucan-Wilson
    Monday 31 July 2023

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    Rental levels in lease renewals

    Ben Faulkner and Kirsty Black (Shoosmiths) have written an article entitled “Rental levels in lease renewals” which asks, with the announcement of the Law Commission’s consultation on Part II of the Landlord and Tenant Act 1954, can changes be made... Read more

    By Benjamin Faulkner
    Monday 17 July 2023

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    The Omniscient Draftsman – the answer to Virgin Media?

    Paul Newman KC has written an article on the principles of statutory construction, which might be relevant to the interpretation of a term of art used in a statutory instrument – such as “accrued rights” in the contracting-out legislation recently... Read more

    By Paul Newman KC
    Thursday 13 July 2023

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    The Separability Principle: the Newcastle Express Case

    To read or download this article as a PDF, please click here. Ever since the House of Lords decision in Fiona Trust & Holding Corporation v Privalov [2007] UKHL 40, the principle of the separability of arbitration agreements has been... Read more

    By Stuart Isaacs KC | Elizabeth Houghton
    Monday 10 July 2023

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    Electronic execution of documents: where have we got to, and where we might be heading?

    As a part of the “Remind me about” series, Joseph Steadman discusses the electronic execution of documents. The article was first posted on Paul Newman KC’s website pensionsbarrister.com. To read ‘Electronic execution of documents: where have we got to, and where we... Read more

    By Joseph Steadman
    Thursday 6 July 2023

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    Grand View v Wong and the doctrine of improper purposes

    Article by Jia Wei Lee[1], 30th June 2023 To read or download this article as a PDF, please click here. 1. The improper purpose doctrine is an easy one to state: a power may only be exercised for a purpose... Read more

    By Jonathan Hilliard KC | Jia Wei Lee
    Friday 30 June 2023

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