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Opinion
  • wills-disputes

Detrimental Reliance In Constructive Trusts Revisited In Hudson v Hathway (2022)

The law on constructive trusts to establish beneficial interest for unmarried cohabiting couples is well established in the cases of Stack v Dowden (2007) and Jones v Kernott (2011). In…

July 7, 2023

Chun Wong

Opinion
  • wills-disputes

How To Challenge A Will: The First Step – A Larke V Nugus Request

If you have concerns as to the validity of a will, or the circumstances in which the will was written, prepared or executed, you may be able to investigate this.…

June 27, 2023

Bahareh Amani

Opinion
  • contentious-probate

How Can I Stop A Claim On An Estate – The Use Of A Caveat?

When someone passes, they often leave financial matters and assets which need to be attended to. The person who has been given the legal authority and permission to do so…

June 21, 2023

Bahareh Amani

Opinion
  • wills-disputes

The Importance Of Kaur V Singh (2023) – When A Wife Is Disinherited

The facts of the case were not particularly unusual. Mrs Kaur and Mr Singh were married in 1955, for some 66 years. They were survived by 6 adult children –…

June 7, 2023

Chun Wong

Opinion
  • wills-disputes

The Use Of Experts In Will Forgery Cases: Watts v Watts (2023)

There are many different reasons for contesting a will, these include: Incorrectly drafted wills Wills not being signed and witnessed in accordance with the law Coercion (undue influence) of the…

May 5, 2023

Chun Wong

Opinion
  • court

Being A Witness In Civil Proceedings

In civil court proceedings, evidence in support of a claim can take the form of one or more of the following types: Documentary Witnesses of Fact Expert Witness evidence of…

April 18, 2023

Chun Wong

Opinion
  • court
  • supreme-court

What Documents Can Be Disclosed From A Court Case?

Most civil proceedings are held in open public court and copies of judgments are readily available from websites such BAILII. This is in line with the upholding of open justice.…

March 17, 2023

Chun Wong

Opinion
  • commercial-dispute-resolution

Disclosure Of A Solicitor’s File: Ellis v John Hodge Solicitors (2022)

The issue of ownership of a client’s files held by a solicitor is a highly contentious area. The starting point is what the retainer between the parties say. It is…

January 27, 2023

Chun Wong

Opinion
  • supreme-court

Great Expectations: Guest v Guest [2022]

Proprietary estoppel is an equitable remedy available if you can prove the following elements: Assurance – a promise was made to you (which created an expectation on your part) Reliance…

January 6, 2023

Chun Wong

Opinion
  • inheritance-act

Financial Provision For A Spouse – Ramus v Holt (2022)

Although the law protects a person’s right to testamentary freedom, it also recognises that in certain circumstances for certain people the law should intervene to do justice. Under the Inheritance…

December 13, 2022

Chun Wong

Opinion
  • wills-disputes

Interpretation of Wills under s21 of the Administration of Justice Act 1982: a recent example Beasant v Royal Commonwealth Society for the Blind and Others (2022)

The requirements for a Will to be valid have long been established since the Wills Act 1837, which states: A Will must be in writing and signed by the testator…

November 16, 2022

Chun Wong

Opinion
  • debt-recovery

Third Party Debt Orders Against Pension Funds

Getting a judgement for a debt is only the first part as a judgement, is only worth the paper it is written on without actual payment of the debt. Enforcement…

September 22, 2022

Chun Wong

Opinion
  • wills-disputes

A Case About Fraudulent Calumny: Whittle V Whittle (2022)

The English legal system attaches great importance to the doctrine of freedom of testamentary capacity – one should be free to dispose of their estate as they wish. However, the…

August 11, 2022

Chun Wong

Opinion
  • court

Failure To Attend Trial

The failure to attend trial, can result in a decision being made against the party who fails to attend. If a judgment is entered against a party in their absence,…

August 3, 2022
Blog
  • court

Professional Undertakings – Guidance From The Law Society

Undertakings An undertaking is a commitment by a solicitor to do or not do something. It can be enforced against the solicitor by the courts and failure to comply with…

August 2, 2022

Chun Wong

Blog
  • data-breaches

The Dangers of Facial Recognition

Facial recognition is a growing method of authentication, becoming more and more prevalent in people’s personal and work lives. Images of people are considered their personal data as defined by…

July 5, 2022

Chun Wong

Blog
  • court

Embargoes On Judgements Need To Be Taken Seriously

At the end of a trial, a judge will usually reserve judgment and provide this in written form some time later. What is also common is for a draft of…

July 4, 2022

Chun Wong

Blog
  • wills-and-probate

Applying For A Limited Grant Of Probate

Where there is a Will, the rules for applying for a Grant of Probate provide that the following must be submitted to the Probate Registry (online or by post): The…

May 27, 2022

Chun Wong

Opinion
  • supreme-court

A Solicitor’s Lien Triumphed In Bott & Co Solicitors Limited v Ryanair DAC [2022]

A lien is a right for one person to retain property in their possession pending satisfaction of a claim against another party. A solicitor’s lien can arise in a number…

May 5, 2022

Chun Wong

Opinion
  • court

Coming Off The Court Record – Wilson v Bayer Pharma AG (2022)

When a court case is issued, both parties have to inform the court of an address for service. If you are legally represented then this is usually the details of…

May 4, 2022

Chun Wong

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