The success of private companies depends on there being a functioning relationship between the key stakeholders, in particular the shareholders and directors. In this article we consider the measures that can be taken at the outset of a business relationship to minimise the likelihood of disagreements and also the avenues available to obtain redress where […]
‘You will observe the Rules of Battle, of course?’ the White Knight remarked, putting on his helmet too. ‘I always do’, said the Red Knight, and they began banging away at each other with such fury that Alice got behind a tree to be out of the way of the blows. Disputes in business are […]
Arbitration is the most popular alternative to litigation. This is because arbitration awards are binding and enforceable. Other forms of alternative dispute mechanism include negotiation, mediation, conciliation and adjudication. It is possible to tailor these mechanisms to suit an individual contract. Advantages of arbitration Arbitration is known to have the following advantages over litigation: Speediness: […]
The Supreme Court judgment in the conjoined appeals of Pitt v Holt and Futter v Futter was handed down on 9 May 2013. Lord Walker, with whom Lords Neuberger, Mance, Clarke, Sumption, Carnworth and Lady Hale all agreed, gave the judgment of the court. That judgment confirms the circumstances in which the exercise of discretions […]
Fladgate is delighted that the following partners and consultants have been included in the recently published Citywealth Leaders List 2013, a guide to advisers within the private wealth management sector. Simon Ekins Leading Lawyers – Contentious Trusts Paul Howcroft Leading Lawyers – Art Advisory Richard Kaufman Leading Lawyers Helena Luckhurst Leading Lawyers David Way Leading […]
The Supreme Court has been busy. Two final appeals in matters of interest to trust practitioners have been heard in the past few weeks. Judgment is awaited on the appeals in Petrodel Resources Limited & others v Prest & others (1) and the conjoined appeals in Pitt v Holt and Futter v Futter (2). The […]
In this article we look at some of the issues concerning trustees and beneficiaries where a complaint is made about the performance of trust investments. In recent years in particular, trustees will be excused for having had many sleepless nights, lying awake asking themselves such questions as: Is my fund exposed to any of the […]
Trustees and beneficiaries involved in trust litigation are naturally concerned to understand the circumstances in which they can expect to recover their costs of proceedings (either from another party or by indemnification out of the assets of the fund) or in which they might have to pay another party’s costs. Two English cases establishing the […]
Where, in the administration of a trust, the trustees desire to carry out a transaction that they consider to be “expedient”, but find that they do not have the necessary power, either under the terms of the trust instrument or the general law, they may apply to the court under section 57 Trustee Act 1925 […]
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