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Insights

Revoking Wills and Tearing up the Clarity of the 200-Year-Old Legislation

Posted on 18th November 2024 in Dispute Resolution

Section 20 of this act stipulates how a Will can be revoked and prescribes an exhaustive list of the methods for revoking a will. The Wills Act emphasises the preference for revocation to be made in writing yet it is recognised that parties may not always do this and prescribes revocation by some other means, including through the destruction of the will document.

Posted by

Martin Laver

Partner and Solicitor

Insights

What the SkyKick Judgment Could Mean for Your Business

Posted on 14th November 2024 in Intellectual Property, Dispute Resolution

Trade mark practitioners have been closely watching the dispute between Skykick and Sky for its significant implications on trade mark law. On Wednesday 13 November the Supreme Court handed down its decision which brings some much-needed clarity to the complex legal landscape. We take a look at this judgement and what it means for trade mark law.

Posted by

Jessica Whittick

Solicitor

Insights

Police Force Issued with a £750,000 Penalty Notice by the ICO for an Unprecedented and Industrial Scale Data Breach

Posted on 09th October 2024 in Dispute Resolution, Data Protection

In a recent case involving the Information Commissioner’s Office (ICO) and the Chief Constable of Northern Ireland, the ICO issued a penalty notice due to non-compliance with UK GDPR obligations. The incident stemmed from a data breach that occurred during a Freedom of Information Act (FOIA) response. While FOIA requests are typically limited to public authorities, the lessons from this case are relevant to all businesses handling personal data. Read our latest insight for a breakdown of the key points.

Posted by

Jessica Whittick

Solicitor

Insights

Contesting a Will: Lack of Capacity

Posted on 30th September 2024 in Dispute Resolution

When a person executes a will they must have the mental capacity to do so. Where a will appears rational and has been duly executed, it is presumed that the testator had capacity unless somebody provides evidence to rebut this.

Posted by

Abigail Francis

Paralegal

Insights

We’ve Been Accused of Copyright Infringement – What Do We Do Next?

Posted on 24th September 2024 in Dispute Resolution

Sometimes you will receive a letter asking you to desist from using an image/form of wording because you have infringed someone’s copyright and it may be paired with legal undertakings. Or you may be told to pay a sum of money. Any such correspondence should be taken seriously and seeking legal advice as soon as possible will allow you to find the best way forward and protect your business from risk. 

Posted by

Jessica Whittick

Solicitor

Insights

Can an Express Declaration of Trust be Overridden by a Subsequent and Informal Agreement?

Posted on 23rd September 2024 in Dispute Resolution

A declaration of trust is a document that records how a property is owned and the terms on which a beneficial interest is held.

Posted by

Abigail Francis

Paralegal

Insights

The Shape of Things to Come: The Renters’ Rights Bill Is Here!

Posted on 12th September 2024 in Dispute Resolution

As promised in the King’s speech in July, this week has seen the publication of this Government’s proposals for reform of the residential rented sector. Much of the content of the new Renters’ Rights Bill is as expected; the introduction of a private rented sector ombudsman system, ‘Awaab’s Law’ to speed up repairs and a Decent Homes Standard for private sector properties etc. Undoubtedly, these fundamental changes to the sector will be the focus for many, and they are undoubtedly issues that landlords need to be aware of.

Posted by

Joanne Young

Senior Associate & Solicitor

Insights

Contentious Probate and Discretionary Trusts: Does the Term “Children” Refer to Biological Children Only?

Posted on 22nd August 2024 in Dispute Resolution

A discretionary trust is a trust set up by a person (the Settlor) with the intention of giving the appointed trustees the discretion to decide how to distribute their money or assets to named beneficiaries or an identifiable class of beneficiaries.

Posted by

Abigail Francis

Paralegal

Insights

Testamentary Freedom vs Ethics: Court Views on Widow’s Inheritance Claims

Posted on 15th August 2024 in Dispute Resolution

The Inheritance (Provision for Family and Dependants) Act 1975 provides a means by which a person can challenge the reasonableness of the terms of the will of the deceased or the effect of the intestacy rules.

Posted by

Abigail Francis

Paralegal

Insights

How Tozers Can Help You With Your Dispute

Posted on 22nd July 2024 in Dispute Resolution

If you are considering pursuing a claim against another party, or you are on the receiving end of a claim, you may not know where to turn or what to do next.

Posted by

Jessica Whittick

Solicitor

Insights

Can You Restore a Company That Has Been Struck Off?

Posted on 18th July 2024 in Dispute Resolution

It is well known that a Company is considered its own legal entity. This means that the Company itself is treated as its own ‘person’ in the eyes of the law. This is unlike a sole trader or partnership, where the person(s) in charge of the business is the legal entity. Therefore, when a Company is dissolved, it may look as if this irreversibly concludes matters with that entity.

Posted by

Martin Laver

Partner and Solicitor

Insights

All systems go for private rented sector rental reform

Posted on 17th July 2024 in Property Litigation, Dispute Resolution

Anyone who has been keeping an eye on the progress (or lack thereof) of the proposed reform of the private rented sector will be aware that it stalled under the previous Conservative government. In today's Kings Speech we heard that progressing rental reform is something the new Labour government very much want to take forward and the preliminary indications are that this new Bill will be more than just a name change.

Posted by

Joanne Young

Senior Associate & Solicitor