This week’s edition of Private Client highlights includes: (1) analysis of Oliver v Oliver where the court set aside a Will for lack of testamentary capacity and undue influence; (2) Sammut v Next Steps Mental Healthcare Ltd, which considers when does a private care provider exercise a public function for the purposes of section 6 of the Human Rights Act ; (3) The Health Service Executive of Ireland v SM, where the court was asked to recognise and enforce an order of the Irish High Court for the treatment of a vulnerable person at a UK mental health facility; (4) Mohammed v Daji, an important case about discerning the intention of donors and identifying terms of the charitable trust where documentary evidence is limited; (5) Abrey v Abrey, in which the court granted an interim injunction to protect the claimant’s rights as a partner in the family business and facilitate resolution to ongoing dispute within partnership; (6) Wythe v Zavos, where the court approved the...
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Scotland—the process for applying for sequestrationSequestration in Scotland is the legal process by which an insolvent debtor’s estate is gathered in, realised and then distributed among their creditors by a trustee appointed for that purpose. The process requires that a formal award of
Late payment penalties—inheritance taxWhile interest often accrues on overdue tax, the late payment of certain taxes may also attract a penalty. For information on the interest accruing on overdue tax, see Practice Notes: IHT—payment deadlines on death—Interest on IHT and Interest on late paid
Contributory negligence in personal injury claimsContributory negligence is a partial defence which can lead to a discount in damages.Other defences may also be relevant. See Practice Notes: Did the claimant consent to the risk of injury? and Was the claimant involved in an illegal activity?If a
Dispute Resolution analysis: The High Court has provided concise guidance as to how misrepresentation should be analysed when considering jurisdictional gateways. Under Article 5(3) of the Lugano Convention, in negligent misstatement cases, the place of the event giving rise to damage is normally
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