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    Pensions pots – an asset beyond the reach of creditors?

    Thomas Robinson has written an article in which he looks at an important new Court of Appeal case which has struck down the practice of requiring OPS members to draw down their lump sums to make them available to judgment... Read more

    By Thomas Robinson
    Friday 13 December 2024

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    Marcus v Marcus: can a non-biological child be ‘a child of the settlor’?

    Article by Elizabeth Houghton, 4th December 2024 To read or download this article as a PDF, please click here. In the recent judgment of Marcus v Marcus [2024] EWHC 2086, Master Marsh found that the words “the children and remoter issue of... Read more

    By Elizabeth Houghton
    Wednesday 4 December 2024

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    Back Britain – but at what cost?

    Ram Lakshman has written an article in which he considers whether the Chancellor’s proposals to encourage (or mandate) British pension schemes to invest in British businesses are consistent with the traditional fiduciary duties of pension trustees. The article was first... Read more

    By Ram Lakshman
    Thursday 24 October 2024

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    Testamentary capacity: warning signs and professional best practice

    Article by Simon Atkinson, 30th September 2024 To read or download this article as a PDF, please click here. The recent decision of Joanna Smith J in Leonard v Leonard [2024] EWHC 321 (Ch) is instructive for private client practitioners, non-contentious and... Read more

    By Simon Atkinson
    Monday 30 September 2024

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    Guidance on representatives appointed under CPR 19.12: Answers… and more questions

    Article by Benedict Evans, 29th August 2024 To read or download this article as a PDF, please click here. 1. The role of a representative appointed to represent an estate for the purpose of litigation only was first created by section... Read more

    Tuesday 3 September 2024

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    When property held “in trust” is not a trust: the decision in Nazir v Begum [2024] EWHC 378

    At first blush the decision of Freedman J in Nazir v Begum [2024] EWHC 378 (KB) appears counterintuitive. Section 33(1) of the Administration of Estates Act 1925 (“AEA”) states that: “On the death of a person intestate as to any... Read more

    By Theo Dixon
    Tuesday 30 July 2024

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    Fetters on pension scheme amendment powers revisited: British Broadcasting Corporation v (1) BBC Pension Trust Limited (2) Christina Burns [2024] EWCA Civ 767

    Article by: Joseph Steadman 1.    On 9 July 2024, the Court of Appeal handed down judgment in an appeal concerning the limits on a power to make alterations in the BBC Pension Scheme (the “Scheme”). The appeal was dismissed, and... Read more

    By Brian Green KC | Michael Tennet KC | Edward Sawyer | Joseph Steadman
    Thursday 18 July 2024

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    Co-ownership in the business context: the odiousness of survivorship in equity

    Article by John Grocott-Barrett, 27th June 2024 To read or download this article as a PDF, please click here. The co-ownership of property is a question that vexes all private client lawyers. The recent judgment of Nugee LJ, a former member of... Read more

    By John Grocott-Barrett
    Friday 28 June 2024

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    Sian v Halimedia: Insolvency vs Arbitration – Article by Ernest Leung cited in recent Privy Council decision

    In Sian Participation Corp v Halimedia International Ltd [2024] UKPC 16, Lords Briggs and Hamblen considered the issue of whether insolvency proceedings should be stayed where the underlying debt was covered by an arbitration agreement. In an appeal from the BVI,... Read more

    By Ernest Leung
    Friday 21 June 2024

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    Trust me, I’m a dolphin!

    Joseph Steadman has written an article in which he considers McHale v Dunlop, a recent claim for negligence and breach of fiduciary duty, arising from the loss of pension assets transferred into a SSAS and invested in an overseas investment... Read more

    By Joseph Steadman
    Thursday 13 June 2024

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    A hidden gem? The ‘sufficient connection with the jurisdiction’ test under s.423 of the Insolvency Act 1986 in the light of Suppipat v Narogdej [2023] EWHC 1988 (Comm)’

    Tim Penny KC and Daniel Petrides have written an article for TL4’s FIRE Starters magazine entitled “A hidden gem? The ‘sufficient connection with the jurisdiction’ test under s.423 of the Insolvency Act 1986 in the light of Suppipat v Narogdej... Read more

    By Tim Penny KC | Daniel Petrides
    Monday 3 June 2024

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    Eternal life, or dead and buried – which claims survive death?

    Article by Lemuel Lucan-Wilson, 23rd May 2024 To read or download this article as a PDF, please click here. Lois McMaster Bujold once wrote “the dead cannot cry out for justice. It is the duty of the living to do so... Read more

    By Lemuel Lucan-Wilson
    Thursday 23 May 2024

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