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Exceptional circumstances in bankruptcy

Under insolvency legislation, there is a presumption that the interests of a bankrupt’s creditors (including the interests of the bankrupt's spouse/civil partner and family) take precedence over all other factors unless the circumstances are exceptional. But unhelpfully, within the Insolvency Act 1986 (“the Act”) - specifically section 335A(3) - there is no definition of what constitutes ‘exceptional circumstances’ so courts have to rely on case law to guide them.

Part 2 | Richard Dundee & Sarah Wakeman Talk: How to Protect Someone Who is Vulnerable

The second part of our recent podcast between Sarah Wakeman, Fundraising and Business Development Manager at Carers Trust Heart of England and Partner at Wright Hassall, Richard Dundee, explores essential strategies for safeguarding vulnerable individuals, whether they are family members or loved ones. From securing financial stability to ensuring proper care, here’s what you need to know.

Employment News Update: August / September 2023

This month's update covers the Employment Relations (Flexible Working) Act 2023 and the Protection from Redundancy (Pregnancy and Family Leave) Act 2023, both of which received Royal Assent over the summer; the progress of the sexual harassment legislation which has been amended by the Lords; plus the rest of the latest employment news.

Inheritance Act claims: Supreme Court to decide if CFA success fee counts as ‘debt’ when assessing extent of reasonable financial provision

The Supreme Court is hearing our client’s appeal against a ruling by the Court of Appeal (which upheld an earlier High Court decision) that in an Inheritance (Provision for Family and Dependants) Act 1975 (“the 1975 Act”) claim, the success fee payable under a CFA the claimant entered into with her solicitors, should form part of her financial needs when assessing what award should be made under the 1975 Act.

Shaking up the planning system

Sophie Horgan is the Director of Horgan Homes, a small yet mighty – and indeed multiple-award-winning – Midlands-based and family-run housebuilding business. Here she talks to us about the company’s latest accolade, where she stands in terms of the greenbelt vs brownfield debate, and the need for front-line experience to feed into planning reforms.

Can a Deputy or Attorney get paid for providing care to an incapacitated person?

Deputies and Attorneys who manage an incapacitated or a vulnerable person’s (“P”) finances have to be careful about releasing P’s funds to others, including to themselves.

Proprietary Estoppel: Your Questions Answered

Proprietary Estoppel is a legal ground on which you can enforce a promise made to you about land or property, which has been broken and which it would be unconscionable to allow to be broken. Here are some questions and answers that we commonly discuss with clients.

Mediation becomes compulsory for divorcing couples

In an effort to reduce the number of divorce cases ending up in court, the government started to encourage divorcing couples to use mediation as the first port of call.

The Whorld of Employment Law S2 Ep 5: Season Round-up!

In our final episode of season two of The WHorld of Employment Law, Tina Chander, Partner and Head of Employment Law provides a series round-up.

Corporate team advise on proposed acquisition of Amcomri Group Limited

We have advised on the proposed acquisition of Amcomri Group Limited by Rockpool Plc.