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Testamentary capacity Oliver v Oliver [2024] EWHC 2289 (Ch) – News Analysis: Will overturned for want of testamentary capacity and undue influence (Oliver v Oliver). This judgment is an uncommon instance of a successful attack on a professionally drafted Will for both incapacity and coercion, even where the court had a recording of the testator’s instructions and the GP had issued a supporting certificate. Despite those formalities, the court concluded the Will should be set aside on both grounds. Alexandra Rogers, managing associate at Foot Anstey LLP. Leonard v Leonard (by her litigation friend Sharon Thompsett) [2024] EWHC 321 (Ch) – News Analysis: High Court offers guidance on the test for testamentary capacity (Leonard v Leonard). The High Court examines and clarifies Banks v Goodfellow, and underscores the continuing importance of expert evidence in capacity disputes. It underscores how clinical and legal evaluations interact closely, effectively. George Vare, barrister at Serle Court Chambers. Wilkinson v Hicken [2023] EWHC 1983 (Ch) – News Analysis: Personality disorders...
In this issue: Investigating criminal conduct Decision to prosecute and alternatives to prosecution Sentencing Bribery, corruption, sanctions and export controls Cybercrime and data protection offences Environmental offences Financial services and pensions offences Food safety and hygiene offences Fraud, forgery, tax and theft offences Health and safety and corporate manslaughter offences Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Investigating criminal conduct Whistleblowing in the UK—Still a long road ahead Rahman Ravelli’s legal director, Dr Angelika Hellweger, together with associate, Tatiana Novikova, examine how the UK handles whistleblowing. They map out the present UK statutory position and other relevant mechanisms, assess the scope of the safeguards they afford, and set these against the options open to whistleblowers in the United States of America. They also describe the HM Revenue and Customs (HMRC) whistleblower reward initiative announced near the end of 2025,...
In this issue: Advertising, marketing and sponsorship Brexit Contracts International Sale and supply of goods Supplier management Supply of services LexTalk®Commercial: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Advertising, marketing and sponsorship The Competition and Markets Authority (CMA) has released a practical compliance guide (the Guidance) on environmental claims for fashion brands, drawing on the principles in its Green Claims Code (the Code). It has also encouraged 17 fashion brands to revisit their green claims in light of the Guidance. In their article, Nigel Parr, partner, Christopher Eberhardt, counsel, and Olivia Spong, associate, at Ashurst, set out the main insights from the Guidance and consider the potential consequences for businesses both inside and beyond the fashion industry, including effects on internal procedures and engagement across supply chains. See News Analysis: CMA publishes guidance on environmental claims in the fashion sector. ASA rulings—2...
The successful prosecution of Dmitrii Ovsiannikov The successful prosecution of Dmitrii Ovsiannikov, the first person convicted of breaching the UK’s sanctions regime against Russia, has triggered debate among lawyers, who argue that pursuing spending on basic living costs sits uneasily with Britain’s foreign policy objectives. While police, prosecutors and ministers trumpeted the Southwark Crown Court verdict as a warning shot to oligarchs, some practitioners caution it may send the wrong signal. Carter-Ruck associate Tasha Benkhadra suggested the National Crime Agency’s efforts would be better directed at suspected circumvention tied to arms transactions and the funding of sectors essential to the Russian war effort. A Southwark jury found Ovsiannikov guilty of circumventing the UK sanctions regime on 9 April 2025, and he received a 40-month prison term on 11 April 2025. The case alleged he and his family intentionally sidestepped financial restrictions to establish themselves in London, in proceedings the judge noted were not especially sophisticated...
The enterprise investment scheme (EIS) It is primarily intended to boost investment in smaller, higher‑risk trading companies by granting a range of tax reliefs to individual investors who acquire newly issued shares in such companies. The EIS rules are prescriptive and contain numerous conditions that must be satisfied, including those relating to: the individual investors the issued shares the issuing company This Practice Note centres on the conditions that apply to the individual investor. Those conditions are outlined in the context of the income tax relief afforded by Part 5 of the Income Tax Act 2007 (ITA 2007). References to the equivalent capital gains tax (CGT) provisions are included where appropriate. For information on the remaining conditions, see the following Practice Notes: EIS—conditions for relief: issued shares, the funds raised and the arrangements in general EIS—conditions for relief: issuing company EIS—conditions for relief: qualifying trades For a summary of tax reliefs available...
Public M&A deals 2017—UK—Market Standards Trend Report [Archived] ARCHIVED: This material was issued in 2018 and is no longer updated. The Market Standards Trend Report delivers a comprehensive examination of the ninety firm, as well as possible, offer announcements concerning companies governed by the Takeover Code in 2017. It provides insight on public M&A trends and what we may expect to see in 2018 and beyond. The report features expert analysis from Selina Sagayam, Head of UK Transactional Practice Development at Gibson Dunn, and Adam Cain, Senior Associate at Pinsent Masons. Areas explored include transaction structure, among other topics as well,...
The White Paper, ‘Restoring control over the immigration system’, released on 12 May 2025, sets out a broad suite of major reforms spanning several areas of immigration policy. Many measures align with the Labour government’s commitment to lower net migration, including through a rework of skills policy. This Practice Note distils the principal proposals for business immigration practitioners, offers commentary on potential impacts, monitors implementation as it unfolds, and directs readers to relevant resources. Resources Immigration White Paper heralds significant changes to UK immigration system — LNB News, 12/05/2025, 44 Immigration White Paper—some further indications on timing, and who settlement reforms could affect — LNB News, 13/05/2025, 8 What can sponsors and Skilled Workers do to address the White Paper proposals — Ben Maitland, Senior Associate, Vanessa Ganguin Immigration Law Immigration reform plan creates new headaches for employers — Law360 MAC review on IT and Engineering cautions on skills approach — LNB News, 29/05/2025, 6 MAC publishes family visa financial requirements...
subscription and shareholders’ agreement/investment agreement Insert new definitions: A Ordinary Shares; Board; Chair (per clause reference); Investor Consent/Investor Direction (written consent by the Lead Investor or holders of at least [75]% in nominal value of A Ordinary Shares); Investor Director; [Lead Investor]. Add a clause granting Investors the right at any time to appoint and remove non-executive Investor Director[s] and a non-executive Chair by written notice (first appointments effective on Completion), appoint alternates, disapply retirement by rotation, and secure fees of £[amount] p.a. plus VAT and expenses. Establish post‑Completion [remuneration and audit] committee[s] with casting vote rights. articles of association Add definitions for A and B Ordinary Shares, Preference Shares, Investor, Investor Group, Investor Associate, Investor Director, Investor Consent/Direction, Investor Director Interest, Group Company Interest, Co‑Investment Scheme, Confidential Information, FSMA, Fund, Lead Investor, Recognised Investment Exchange, Quotation and Sale. New articles set Board size; permit alternates; regulate meetings, quorum and remote participation; enable authorisation of conflicts and Investor Director/Group Company interests with disclosure and, if directed, A...
Definitions Awards • refers to the respective rights to obtain shares granted to each Award Holder, as described in the Awards Schedule; Award Holders • refers to the individuals whose names are set out in the Awards Schedule; and Awards Schedule • refers to [insert appropriate cross-reference to the relevant schedule or other document where the full particulars of the Awards and the Award Holders are recorded]. Warranties 1 Share incentives—general 1.1 The Awards represent the sole existing rights to acquire securities or shares in any Group Company. Other than the Awards, no employee, officer, consultant or other service provider of any Group Company (including any former, prospective, nominee or associate of such a person) holds any contractual entitlement to future grants or awards under any share-based incentive scheme, nor any assurance that any such award will be made. There are likewise no agreements, arrangements or assurances that would confer on any such person a right, future entitlement or expectation...
Part 1, interpretation and limitation of liability This Part defines key expressions used throughout the articles and sets out how they are to be read. Terms such as articles, auditors, bankruptcy (including comparable overseas proceedings), board, CA 2006, certificated/uncertificated, chair, clear days, company’s lien, director, Disclosure Rules, FCA, FSMA, fully paid/paid, Official List, register of members, relevant officer, relevant system, UK Listing Rules, UKLA and writing are given specific meanings for consistent application. The model articles under section 20 of CA 2006 do not apply. Unless context dictates otherwise, words or expressions not defined here take the meaning given in CA 2006, or if absent there, in the Uncertificated Securities Regulations, as in force when these articles first bind the company. References to legislation include subordinate legislation and any amendment, extension, consolidation, re‑enactment or replacement then in force. Singular includes plural and vice versa; masculine includes feminine and neuter; references to persons include corporations. Liability of members: each member’s liability...