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Trustees’ duties from a contentious perspective

The relationship between trustee and beneficiary is a fiduciary relationship. Beneficiaries rely upon the trustee to act at all times exclusively in the best interests of the trust and to fully engage in any decisions that relate to the trust.

What to do when accidents happen on a farm

Agriculture is a hazardous industry. The Health and Safety Executive (HSE), the lead regulator for the agricultural industry, says that in the last ten years almost one person a week has been killed as a direct result of agricultural work. Even through the pandemic, more than a thousand non-fatal injuries occurred in the industry last year. So if an accident happens, what do you do?

Inheritance Act claims: Supreme Court to decide if CFA success fee counts as ‘debt’ when assessing extent of reasonable financial provision

The Supreme Court is hearing our client’s appeal against a ruling by the Court of Appeal (which upheld an earlier High Court decision) that in an Inheritance (Provision for Family and Dependants) Act 1975 (“the 1975 Act”) claim, the success fee payable under a CFA the claimant entered into with her solicitors, should form part of her financial needs when assessing what award should be made under the 1975 Act.

How will a court look at issues of uncertainty in a contract?

Parties to a contract should always look to ensure that a contract is certain. If a contract is incomplete then it may well be found to be unenforceable. A mere agreement to agree is not binding.

Contesting a will on the grounds of undue influence

There are a number of grounds to contest a will. This article is part of a series which aims to identify whether it is possible to contest a will. One of the grounds for contesting a will is that the person who made the will (known as the testator) was subjected to undue influence.

Contesting a will on the grounds of mental capacity

One of the grounds for challenging the validity of a will is that the person who made the will did not have the relevant mental capacity to understand his actions.

Can I sue my solicitor for failing to advise me on the various funding options available to me?

A solicitor should always advise a client on the different types of funding options available to them, even if they are not an option for funding litigation that is offered by that firm.

Setting a trend for success fee recovery in 1975 Inheritance Act claims?

In a recently unreported Inheritance Act 197 claim, His Honour Judge Gosnell sitting at Leeds County Court made the unusual decision to give an award specifically to part-pay a claimant’s success fee.

Brain injury cases

Our team has considerable experience in helping clients who have suffered a brain injury due to medical negligence, including brain-injured children. A few of their stories are below.

Making a Will - everything you need to know

Making a Will is the only way you can ensure your assets are protected. This guide aims to answer all your questions about making a Will.