Recent case rules that uncrystallised pension can be protected from creditors
Posted by Monica Kapur on January 28 2015 in Insolvency & restructuring

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Until recently, a Trustee in Bankruptcy has been able to apply to the Court for an Income Payment Order to compel a Bankrupt to call down his entire pension fund as a single lump sum to be paid to the Trustee for distribution in the Bankruptcy Estate. However, in recent case, the High Court has ruled that where pension benefits were not already being paid, the Trustee could not seek payment of these sums

 
 
 

Is a promise legally enforceable?
Posted by Anna Sutcliffe on January 12 2015 in Contesting a will

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If someone promises another person ownership of land in their possession and that assurance is reasonably relied upon to the person’s detriment, the promise may be found to be irrevocable even though it is not in writing. This is known as proprietory estoppel.

 

Partnership Dispute and Property Interests – Section 41A of the Landlord and Tenant Act 1954
Posted by Dawn Reynolds on January 8 2015 in Care, Commercial property litigation, Real estate

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The recent case, Lie v Mohile [2014] EWCA Civ 728 concerned two doctors in general practice who had provided medical services as partners under a partnership agreement. The partnership business was run from premises owned by one of the doctors, Dr Mohile and he had granted a periodic tenancy to himself and to the other doctor, Dr Lie, as joint tenants.

 
 
 

Manufacturing a good result
Posted by Michael Hiscock on December 19 2014 in Advanced manufacturing & engineering, Construction & engineering

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When you think of construction contracts being “JCT” or “bricks and mortar”, think again. The Housing Grants, Construction and Regeneration Act 1996 (“HGCRA”) applies very particular payment structures, notice requirements and dispute procedures where the contract creates “construction operations”. That is very widely defined and if you are in the manufacturing sector, note that it covers “industrial plant” and “installation in any building of fittings forming part of the land” (although note it does not cover work on power stations, waste treatment plants, pharmaceuticals or food production, or delivery-only non-installation contracts).

 

Nil Rate Band Legacies
Posted by Katie Alsop on December 19 2014 in Contesting a will, Wills & tax planning

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The Court of Appeal has recently decided that the value of a Nil Rate Band legacy given by a Testatrix in her Will included the unused Nil Rate Band of the Deceased’s husband. This meant that the Nil Rate Band legacy given under the terms of the Deceased’s Will equated to a sum of £650,000.

 
 
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