Family members involved in farming operations may unwittingly create various partnerships over many years. These have significant legal consequences that may only become apparent in a moment of crisis, such as the death of a family member or a family fallout. To avoid protracted disputes and further breakdown of relationships, it is always advisable to ensure that partnership agreements and wills are consistent and correctly reflect the intentions of the parties.
A Part 36 offer is a formal offer which can be used to settle all or part of an action but it is not an admission of liability. The rules surrounding Part 36 offers are contained within the Civil Procedure Rules and the aim is to encourage parties to try and settle their disputes.
The Financial Ombudsman Service (FOS) decides on financial services disputes by considering what is fair and reasonable in all the circumstances of the case, rather than based on the letter of the law.
Entering business is usually a carefully planned undertaking, however, this may not always be true of a partnership. Where family members, often across different generations and over many decades, are involved in a farming operation, they may unwittingly create various partnerships. All partnerships – even those that are unconsciously entered into – have significant, immediate and longer-term legal consequences which often only to come to light in a moment of crisis, such as the death of a family member or a family fallout. To avoid protracted disputes and further breakdown of relationships, it is always advisable to ensure that partnership agreements and wills are consistent and correctly reflect the farm family’s intentions.
Within our private client team, we have several accredited lawyers in contentious probate (or wills disputes); wills, trust and tax; and family law. Here, we explain each accreditation and why it matters to you.
Although most never reach a final hearing at court, the number of will-related disputes is growing year on year. Contesting a will is rarely straightforward: it is a complicated legal process requiring careful management and is often emotionally and financially draining. This article endeavours to explain the practical considerations of this type of litigation and how to minimise the attendant risks.
Data Subject Access Requests (DSARs) are a fundamental right under data protection laws, allowing individuals to access the personal data about them that is being held by organisations. However, there is a growing trend where disgruntled employees utilise DSAR not for genuine data access, but as a tool to burden employers, especially during disputes or litigation.
The Justice Secretary, Dominic Raab, has today (23rd March 2023) proposed a new rule that would make it mandatory for separating couples to try mediation to settle their child custody and financial disputes, only seeking the court’s intervention as a last resort.
Research by the Association of Lifetime Lawyers (ALL) shows only 52% of Wills are drafted by solicitors, suggesting that the remainder are created using templates or AI. The ALL warns that AI-drafted Wills often fail to meet legal standards, risk excluding or wrongly including beneficiaries, and can lead to costly disputes.
Nathan Talbott, Head of Commercial Litigation, and specialising in complex financial, tax and corporate disputes, dissects the recent report by the Committee of Public Accounts on the state of our tax system, and shares his thoughts on what HMRC needs to do to rebuild public trust.