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Finance

...Concealment of assets Inherited Wealth Interveners Variation Enforcement Freezing Orders Search orders Farming Contested Divorce Inheritance Act Professional Negligence in context of Financial Provision Remote Access FDR (Financial Dispute Resolution)...

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Fraud, Business and Financial Crime

...fraudulent trading and Companies Act prosecutions VAT (missing trader / carousel) fraud High value mortgage fraud Investor and creditor fraud SFO prosecutions (including advising witnesses who face interviews under compulsion...

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Disability status and the assessment of the ‘long-term’ adverse effect

Grace Boorer reviews All Answers Ltd v Mr W and Ms R [2021] EWCA Civ 606, a discrimination case in which the Court of Appeal reasserts the importance of considering all the elements of the disability status test under s6 and schedule 1 of the Equality Act 2010, and that it is crucial to consider the question of whether an impairment had lasted or was likely to last at least 12 months at the date of the discriminatory acts.

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Non-party disclosure orders: the correct application of the test under CPR r.31.17(3)

Dr Tagbo Ilozue summarises Sparkes v London Pension Funds Authority and Leigh Academies Trust [2021] EWHC 1265 (QB), in which Murray J set aside a Master’s Order dismissing an application for non-party disclosure in a fatal mesothelioma claim. The Court saw fit to interfere with the Master’s broad case management discretion because he was wrong in his application of the test to the relevant facts, took into account irrelevant factors, gave insufficient weight to relevant factors, and failed to balance the relevant factors fairly in the scale.

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Private Financial Dispute Resolution

...advanced stage of preparation; optimising a reliable assessment the likely outcome at trial. The Judge will identify the strengths and weaknesses of the parties’ positions and provide a view on...

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Cost Consequences of Accepting a Part 36 Offer late in former RTA and EL/PL Protocol Claims – Hislop v Perde [2018] EWCA Civ 1726

Cost Consequences of Accepting a Part 36 Offer late in former RTA and ELPL Protocol Claims – Problems with Hislop v Perde [2018] EWCA Civ 1726

In the joined cases of Hislop v Perde and Kaur v Committee (for the time being) of Ramgarhia Board Leicester [2018] EWCA Civ 1726, the Court of Appeal considered the question of the correct approach to costs in cases falling under the fixed costs regime in CPR Part 45 Section IIIA where a Part 36 offer is accepted after the expiry of the relevant period.

Section IIIA is the part of Part 45 which applies to cases no longer proceeding under the RTA and EL/PL Protocol (‘PAP’) such as those proceeding to Fast Track trial. The Court also provided a useful steer on the previously uncanvassed ‘exceptional circumstances’ test under CP45.29J, which provides a general gateway out of the fixed costs regime, and the test for indemnity costs, (see paragraphs 8 to 13 below).

Ikeni Mbako-Allison writes about the Court Of Appeal's approach.

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