LEXISNEXIS_ICON4_SIGNIN Contact us
Contact us

New Square Chambers

Experts

10

Filter by: Practice area
Aidan Briggs
Aidan Briggs
Barrister and Mediator
New Square Chambers
Alexander Learmonth
Alexander Learmonth , KC
Barrister
New Square Chambers
Christopher Snell
Christopher Snell
New Square Chambers
James McKean
James McKean
Barrister
New Square Chambers
James Saunders
James Saunders
Barrister
New Square Chambers
James Davies
James Davies
New Square Chambers
Jessica Powers
Jessica Powers
Barrister
New Square Chambers
Leigh Sagar
Leigh Sagar
Barrister
New Square Chambers
Mark Hubbard
Mark Hubbard
Barrister
New Square Chambers
Sarah Egan
Dr. Sarah Egan
Barrister
New Square Chambers
Contributions by New Square Chambers Experts

101

Just and equitable winding-up—the procedure
Just and equitable winding-up—the procedure
Practice notes

This Practice Note considers the procedure for petitioning the court to make a winding-up order on the just and equitable ground, including preliminary considerations of funding and limitation issues, key procedural steps and practical considerations.

Just and equitable winding-up—what it is and when to use it
Just and equitable winding-up—what it is and when to use it
Practice notes

This Practice Note considers the statutory procedure of a winding-up petition on the just and equitable ground under section 122(1)(g) of the Insolvency Act 1986, what it is and when it can be used to protect minority shareholders’ rights. It looks at who can bring a petition, the companies against which a petition can be brought and the grounds for ordering a company to be wound up (including unfair prejudice). It also looks at the impact of the petitioner’s conduct (including delay) and the remedies available.

In a notice to collectively enfranchise under section 13 of the Leasehold Reform, Housing and Urban Development Act 1993, what information needs to be given in relation to the extent of the property to be acquired (eg roof space and gardens) and the rights to be granted?
In a notice to collectively enfranchise under section 13 of the Leasehold Reform, Housing and Urban Development Act 1993, what information needs to be given in relation to the extent of the property to be acquired (eg roof space and gardens) and the rights to be granted?
Q&As

In a sale contract conditional on planning, if the contract ends on the longstop date without prejudice to antecedent breach, would the seller have a remedy where the buyer has not used reasonable endeavours to obtain planning permission?
In a sale contract conditional on planning, if the contract ends on the longstop date without prejudice to antecedent breach, would the seller have a remedy where the buyer has not used reasonable endeavours to obtain planning permission?
Q&As

Is an equitable easement (granted or acquired by prescription before 13 October 2003) binding on subsequent purchasers of the registered servient land if they have no knowledge of the easement?
Is an equitable easement (granted or acquired by prescription before 13 October 2003) binding on subsequent purchasers of the registered servient land if they have no knowledge of the easement?
Q&As

Is it possible for a lease to provide for the rent to become payable before the date of the lease and the start of the contractual term?
Is it possible for a lease to provide for the rent to become payable before the date of the lease and the start of the contractual term?
Q&As

Is it possible for a life tenant to give up their life interest, where the life interest Will trust stipulates that on the death of the life tenant the trust capital is to be split into two shares, one share being passed to X and Y (both of age) and the other share put on discretionary trust for X, Y and Z where Z is of age but does not have capacity? Given that Saunders v Vautier could not apply and a deed of release cannot be used, can the power of advancement under section 32 of the Trustee Act 1925 apply?
Is it possible for a life tenant to give up their life interest, where the life interest Will trust stipulates that on the death of the life tenant the trust capital is to be split into two shares, one share being passed to X and Y (both of age) and the other share put on discretionary trust for X, Y and Z where Z is of age but does not have capacity? Given that Saunders v Vautier could not apply and a deed of release cannot be used, can the power of advancement under section 32 of the Trustee Act 1925 apply?
Q&As

Is it possible to exclude the statutory power of reimbursement of trustee expenses found in section 31 of the Trustee Act 2000?
Is it possible to exclude the statutory power of reimbursement of trustee expenses found in section 31 of the Trustee Act 2000?
Q&As

Is there some guidance on whether a law firm which takes over the business (majority of clients and files) of another law firm which closes down due to insolvency, can step into the shoes of the insolvent law firm who was named as co-executor in a Will. Is renunciation by the law firm which took over the business of the insolvent firm necessary?
Is there some guidance on whether a law firm which takes over the business (majority of clients and files) of another law firm which closes down due to insolvency, can step into the shoes of the insolvent law firm who was named as co-executor in a Will. Is renunciation by the law firm which took over the business of the insolvent firm necessary?
Q&As

Paragraph 12 of Schedule 6 to the Land Registration Act 2002 (LRA 2002) states that a person is not to be regarded as being in adverse possession of an estate for the purposes of the LRA 2002 at any time when the estate is subject to a trust, unless the interest of each of the beneficiaries in the estate is an interest in possession. Does this paragraph mean that it is not possible to claim adverse possession of land owned by a charitable trust (as the beneficiaries of the trust are the general public)?
Paragraph 12 of Schedule 6 to the Land Registration Act 2002 (LRA 2002) states that a person is not to be regarded as being in adverse possession of an estate for the purposes of the LRA 2002 at any time when the estate is subject to a trust, unless the interest of each of the beneficiaries in the estate is an interest in possession. Does this paragraph mean that it is not possible to claim adverse possession of land owned by a charitable trust (as the beneficiaries of the trust are the general public)?
Q&As

Parents have lent their daughter £50,000. The parents have now been left the residue of an Aunt’s estate and they wish to do a Deed of Variation giving money to their daughter. The money would be used to repay the debt. Would this be considered ‘external consideration’ within the meaning of section 142(3) of the Inheritance Tax Act 1984?
Parents have lent their daughter £50,000. The parents have now been left the residue of an Aunt’s estate and they wish to do a Deed of Variation giving money to their daughter. The money would be used to repay the debt. Would this be considered ‘external consideration’ within the meaning of section 142(3) of the Inheritance Tax Act 1984?
Q&As

Other Work
Question of the week: A and B are beneficiaries to a Will and (B) has a life interest in a property to a Will. A want to sell the property and divide the net sale proceeds equally with B. How does A extinguish B’s life interest trust? B has learning difficulties.
Question of the week: A and B are beneficiaries to a Will and (B) has a life interest in a property to a Will. A want to sell the property and divide the net sale proceeds equally with B. How does A extinguish B’s life interest trust? B has learning difficulties.

This Q&A considers the process where a beneficiary wishes to extinguish a co-beneficiary’s life interest trust and the latter has learning disabilities.

Question of the week: At what stage of a divorce or dissolution of civil partnership would the survivor of a couple no longer be entitled under the intestacy rules as a 'spouse' or 'civil partner' on the death of the other and what is the authority for this?
Question of the week: At what stage of a divorce or dissolution of civil partnership would the survivor of a couple no longer be entitled under the intestacy rules as a 'spouse' or 'civil partner' on the death of the other and what is the authority for this?

This Q&A considers the situation where a couple are in the process of divorcing or dissolving their civil partnership when one of them dies intestate and the authority for stating that the survivor of a couple would no longer be entitled under the intestacy rules as a 'spouse' or 'civil partner' on the death of the other at the point that the final order or dissolution is made.

Question of the week: Is it possible for a life tenant to give up their life interest, where the life interest Will trust stipulates that on the death of the life tenant the trust capital is to be split into two shares, one share being passed to X and Y (both of age) and the other share put on discretionary trust for X, Y and Z where Z is of age but does not have capacity? Given that Saunders v Vautier could not apply and a deed of release cannot be used, can the power of advancement under section 32 of the Trustee Act 1925 apply?
Question of the week: Is it possible for a life tenant to give up their life interest, where the life interest Will trust stipulates that on the death of the life tenant the trust capital is to be split into two shares, one share being passed to X and Y (both of age) and the other share put on discretionary trust for X, Y and Z where Z is of age but does not have capacity? Given that Saunders v Vautier could not apply and a deed of release cannot be used, can the power of advancement under section 32 of the Trustee Act 1925 apply?

This Q&A considers whether the power of advancement under section 32 of the Trustee Act 1925 applies where one part of the trust capital is put on discretionary trust for three people and one of them lacks capacity. It considers the ability to the life tenant to surrender their interest unilaterally and the tax implications of this.

Question of the week: Is it possible to exclude the statutory power of reimbursement of trustee expenses found in section 31 of the Trustee Act 2000?
Question of the week: Is it possible to exclude the statutory power of reimbursement of trustee expenses found in section 31 of the Trustee Act 2000?

This Q&A considers whether it is possible to exclude the statutory power of reimbursement of trustee expenses found in section 31 of the Trustee Act 2000.

Question of the week: There must be at least two acting trustees to give a valid receipt for the sale proceeds of trust owned land. Where there is only one trustee, common practice is to appoint a second trustee on panel 11 of Form TR1 specifically for the purpose of giving valid receipt for the purchase monies. Provided it is clear on the face of the instrument of appointment that the trustee is being appointed specifically for that purpose, does their appointment cease on completion of the sale or does the appointed trustee have ongoing fiduciary obligations after the sale in relation to trust assets?
Question of the week: There must be at least two acting trustees to give a valid receipt for the sale proceeds of trust owned land. Where there is only one trustee, common practice is to appoint a second trustee on panel 11 of Form TR1 specifically for the purpose of giving valid receipt for the purchase monies. Provided it is clear on the face of the instrument of appointment that the trustee is being appointed specifically for that purpose, does their appointment cease on completion of the sale or does the appointed trustee have ongoing fiduciary obligations after the sale in relation to trust assets?

This Q&A considers whether the appointment of a trustee of land within form TR1, for the purposes of having two trustees to give a valid receipt for the sale proceeds, continues to apply to the sale proceeds and other trust property or assets which subsequently represent the sale proceeds.

Question of the week: Trustees have been holding the sum of £500K for around two years. Our client is the life tenant and has received no income to date (only capital payments) due to a failure on the Trustees’ part to properly invest funds in accordance with their duties as appointed Trustees. What steps should the Trustees have taken?
Question of the week: Trustees have been holding the sum of £500K for around two years. Our client is the life tenant and has received no income to date (only capital payments) due to a failure on the Trustees’ part to properly invest funds in accordance with their duties as appointed Trustees. What steps should the Trustees have taken?

This Q&A considers the duties owed by trustees in investing trust funds.

Question of the week: W dies first and her estate is valued at £1.3m including non-exempt cash legacies, residue 90% to her husband and 10% to a charity. H dies three months later with an estate valued at £1.4m including non-exempt cash legacies, a cash legacy of 10% of the estate to the charity with residue to the children. H's executors seek to vary his 90% entitlement under the first estate in favour of the children, to avoid taper on RNRBs. As this variation will reduce the gift of 10% to charity, will the charity need to agree to the proposed variation? If so, can H's entitlement be varied to make up for any loss?
Question of the week: W dies first and her estate is valued at £1.3m including non-exempt cash legacies, residue 90% to her husband and 10% to a charity. H dies three months later with an estate valued at £1.4m including non-exempt cash legacies, a cash legacy of 10% of the estate to the charity with residue to the children. H's executors seek to vary his 90% entitlement under the first estate in favour of the children, to avoid taper on RNRBs. As this variation will reduce the gift of 10% to charity, will the charity need to agree to the proposed variation? If so, can H's entitlement be varied to make up for any loss?

This Q&A considers the variation of dispositions under a Will.

Question of the week: When it comes to applying for probate, should a personal representative who questions the validity of the Will and believes the last Will is invalid, when cited to take or refuse probate, accept probate and apply for it in their name, or should they refuse probate?
Question of the week: When it comes to applying for probate, should a personal representative who questions the validity of the Will and believes the last Will is invalid, when cited to take or refuse probate, accept probate and apply for it in their name, or should they refuse probate?

This Q&A considers whether a personal representative who questions the validity of the Will and believes the last Will to be invalid should accept or refuse probate and what other action can be taken, including lodging a caveat and commencing a probate claim.

Question of the week: Where an individual wishes to be cremated and to have their ashes buried together with their late spouse's ashes (which are currently stored in their home), but where the individual's daughter (not an executor) already opposes this wish, what can the individual do to (1) protect their late spouse's ashes after their death and (2) ensure that the daughter does not inherit under the Will unless the joint burial of the ashes takes place? Could the gift in the Will to the daughter be made conditional?
Question of the week: Where an individual wishes to be cremated and to have their ashes buried together with their late spouse's ashes (which are currently stored in their home), but where the individual's daughter (not an executor) already opposes this wish, what can the individual do to (1) protect their late spouse's ashes after their death and (2) ensure that the daughter does not inherit under the Will unless the joint burial of the ashes takes place? Could the gift in the Will to the daughter be made conditional?

This Q&A considers the power of personal representatives in regards to funeral arrangements.

First 3 4 5 6 Last

If you expected to see yourself on this page, click here.