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Is a transaction one by which one party intended bounty on another with a false belief of the outcome of the transaction? Donna Matthews considers this question recently considered by the High Court of Justice of the Isle of Man The equitable jurisdiction is normally invoked where a disposition into a trust has unforeseen consequences…

Public children: The proportionality of intervention

Manisha Marwaha analyses a Supreme Court decision on the role of the appeal court and the need for options and mitigations to be properly assessed before public law orders are made Re H-W helpfully adds clarity to the role of the appellate court in circumstances where, understandably given the profound effects of the decision to…

Business assets: What the future holds

Jessica Smith looks at a case in which the court’s approach to the projected performance of a company was key in determining the outcome The valuation of the husband’s interest in the company was the most contested issue and much turned on whether the valuation should be uplifted in anticipation of potential ‘super-receipts’ by the…

Local authority duties: Up in the air

Sarah Erwin-Jones and Louise Fisher ask whether the Court of Appeal judgment on failure to remove cases may result in more claims against local authorities The Court of Appeal concluded that this was a complicated and developing area of law and the courts need to analyse all the evidence at trial before reaching a definitive…

Financial provision: A rare thing

David Wilkinson navigates the leading authorities on applications under s27 of the Matrimonial Causes Act 1973 The Court of Appeal’s judgment in Villiers is based upon the status quo ante as regards the jurisdictional position, and sets out in helpful detail the correct approach to the determination of s27, MCA 1973 applications, including what matters…

TOLATA 1996: No harm done

Hannah Viet examines whether common intention alone will satisfy a change in the parties’ property interests in joint name cohabitant disputes In Hudson v Hathway, there was no dispute as to whether there was an express agreement between the parties, so the sole issue to be determined on appeal was whether the judge at first…

Marital agreements: Do it well or not at all

Elizabeth Hassall and Andrew Scott consider best practice for marital agreements and the consequences of an agreement that fails to properly provide for both parties The pre-nuptial agreement failed the test in Radmacher, as no provision at all was made for the wife so that she would have ‘undoubtedly’ been in a ‘predicament of real…

Evidence: More than meets the eye

Stuart Barlow highlights considerations in cases involving the prohibition of cross-examination by litigants in person While the appointment of a qualified legal representative will reduce some of the trauma of direct questioning by the perpetrator, the perpetrator could still frame the questions and it may be difficult for a lawyer in that role to determine…

Legal news: Employment update

Navi Atwal rounds up developments affecting employers and their advisers When considering whether it is just and equitable to extend tribunal time limits, the starting point is the words of the statute, which confer a wide discretion on the tribunal. Covid special leave policy held not discriminatory by the EAT We continue to see decisions…

Hybrid working: Working overseas – plain sailing?

Robert Maddox examines the issues employers need to think about when staff members ask to work remotely from abroad The key areas for an employer to consider when it receives a request to work from abroad for a longer period are tax and social security payments, immigration, employment law jurisdiction and data privacy and protection.…

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Offshore trusts: Equitable mistakes and undoing the past