Group Litigation meaning

Validity of Wills Appeal allowed: a revocation clause in an India‑focused will cancelled an earlier English will; s9(d) needs no re‑acknowledgement by witnesses. Disclosure The court endorsed a private hearing to seal HRH Prince Philip’s will, dismissing the Guardian’s transparency challenge. Removal and replacement of personal representatives Courts clarified English law governs foreign executors’ standing, prioritised grants amid polygamy, and appointed, replaced or removed PRs where administration was imperilled. Interpretation, construction and rectification Rulings highlight the need for clear residuary clauses, uphold plain wording, apply intended domiciliary law, and adopt pragmatic, swift construction and rectification. Burial disputes Decisions resolved intestacy burial forums, granted special guardians control, safeguarded Article 8 interests, and directed remains’ disposal in exceptional cases. Personal representatives’ duties Authorities addressed mortgage burdens on survivorship, circumscribed trustee remuneration, compelled accounts, and encouraged seeking directions when uncertain. Estate accounts and solicitor fees Courts withheld indemnities for disproportionate or self‑interested litigation, denied fees absent charging clauses or consent,...

In this issue: Pay Prohibited conduct (discrimination etc) Equality, diversity and inclusion Whistleblowing Coronavirus (COVID-19) Issues arising on termination Employment tribunals Corporate governance Immigration Daily and weekly news alerts New and updated content IRLR Highlights—September 2024 Dates for your diary Trackers New Q&As Pay Think tank High Pay Centre released analysis of FTSE 100 executive pay for 2023. While CEO pay growth has eased after the post-pandemic surge, the median package hit a new record, up from £4.1m in 2022 to £4.19m in 2023. See: LNB News 12/08/2024 34. Prohibited conduct (discrimination etc) ET permitted to reject dismissal complaints despite the employer’s previous omission to make reasonable adjustments. In Parnell v Royal Mail Group [2024] EAT 130, the claimant brought about 31 employment tribunal claims, divided into two periods, each decided by a different tribunal...

In this issue: Contract law Building safety Litigation Arbitration Tax for construction lawyers Standard form contracts Construction industry news Daily and weekly news alerts New and updated content Construction trackers Contract law Employer deemed out of time in issuing a notification on the Monday after a Sunday deadline (My Contracts v 74 Hamilton Terrace) In My Contracts Ltd v 74 Hamilton Terrace Freehold Ltd [2024] EWHC 2896 (TCC), the TCC issued a declaration at the contractor’s request concerning the construction of a clause that imposed a deadline for the employer to notify costs for which the contractor was responsible. The court concluded the employer missed the deadline by serving the notice on the Monday immediately after the final day for service, which had fallen on a Sunday. Central to the decision was that the clause made no provision for the period to be calculated by reference to ‘Business Days’. See News Analysis: Employer...

In this issue: Building safety Building regulations Alternative dispute resolution Arbitration Environmental issues Projects Construction industry news Daily and weekly news alerts Construction trackers Building safety CLC announces restructure of ICSG The CLC has set out a reorganisation of the Industry Competence Steering Group (ICSG) to enhance competence and safety standards across the built environment sector. Under this strategic change, the ICSG will become a formal working group within the Building Safety Regulator’s Industry Competence Committee. The refreshed framework features sector-led groups, key topic groups and working groups, informed by contributions from more than 60 professional and trade bodies and 1,500 individuals, reinforcing the drive for improved standards. See: LNB News 09/12/2024 61. Housing (Cladding Remediation) (Scotland) Act 2024 (Commencement) Regulations 2024 SSI 2024/370 These regulations designate 6 January 2025 as the appointed day on which all provisions of the Housing (Cladding Remediation) (Scotland) Act 2024 not already commenced will come into...

As of 31 January 2020, the UK left the EU and the EEA. This Practice Note introduces: the General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDPR) framework (which applied within UK law up to the end of the Brexit implementation period—11 pm UK time on 31 December 2020—and continues to operate across the EEA; therefore, any references in this Practice Note to EEA or EU states should be read as also covering the UK until that period concluded) the United Kingdom General Data Protection Regulation, Retained Regulation (EU) 2016/679 (UK GDPR) framework (which applies under UK law from the end of the Brexit implementation period) Where there is no need to draw a distinction, this Practice Note refers to both as ‘GDPR’ for ease. When looking at the routine processing of personal data, the UK GDPR and the Data Protection Act 2018 (DPA 2018) should be consulted together, as both sets of provisions have direct effect. Practitioners will generally...

This Practice Note This Practice Note offers a summary of the categories of parties that may take part in litigation in England and Wales, whether as claimants or defendants, together with the principal procedural matters and practical points their legal advisers should consider. It outlines who may sue or be sued and the implications for case management and strategy. Corporations Partnerships Sole traders Unincorporated associations Children Insolvent individuals or companies Groups The estate of a deceased party Litigants in person It is crucial that party status aligns with the issues to be determined. In Haque (representative/member of Muttahida Quami Movement Pakistan unincorporated association) v Hussain, the defendants were sued as trustees but advanced a defence which the court held could be pursued only in their capacity as members of an unincorporated association, not as trustees. At [27], the judge noted that, in principle, the active defendants should have recognised this within stage one of the...

ARCHIVED: this Practice Note is no longer maintained and is offered for background reference only. Moreover, some links may not take you to the provisions as they stood when the guidance in this Practice Note was issued... Key litigation funding cases 2016—what do you need to know? Key takeaways from 2016 decisions in the commercial or third‑party litigation funding sphere include: the Supreme Court examined the interpretation of an exclusion clause in a solicitor’s professional indemnity insurance policy (Impact Funding v AIG), see below the Supreme Court agreed to hear three appeals balancing ECHR rights against recovery of costs linked to third‑party funding (Frost v MGN, Miller v Associated Newspapers Limited and Times Newspaper v Flood), which will determine these questions in the context of post‑Jackson reform funding. At present, the courts regard the recovery of additional liabilities as compatible with the ECHR (BNM v Mirror Group Newspapers), see below the Court of Appeal has held that third‑party funders can be...

Dated [ insert date ] Introduction This legal due diligence questionnaire concerns the intended acquisition by [ insert buyer name ] ( Newco ) of the whole issued share capital of [ insert name of target company ] Limited (the Target ) from [ insert seller name ] (the Seller ) (the Proposed Acquisition ). The questionnaire exists to enable Newco, Newco’s solicitors and its professional advisers involved in the Proposed Acquisition to obtain the information they require to aid the valuation of the Target and the subsidiaries of the Target (the Group and each a Group Company ). We reserve the right to raise further enquiries in relation to both your replies to this questionnaire and generally...

Legal due diligence questionnaire—private M&A—share purchase Dated [ insert date ] Introduction This legal due diligence questionnaire concerns the intended purchase by [ insert buyer name ] (the Buyer) of the whole of the issued share capital of [ insert name of target company ] Limited, incorporated in England and Wales under number [ insert company number ] (the Company), from [ insert seller name ] (the Seller) (the Proposed Acquisition). This questionnaire is intended to assist the Buyer, the Buyer's solicitors and other professional advisers acting on the Proposed Acquisition to secure the information the Buyer needs to inform its valuation of the Company. Please respond to each question comprehensively. Please set out your responses in italics immediately beneath each question and kindly supply copies of all relevant documentation, ensuring that all responses and documents are plainly identified by reference to the appropriate paragraph of this questionnaire. We reserve the right to raise further enquiries regarding both your responses to this questionnaire and, more generally, matters arising...

Legal due diligence further information request—private M&A—share purchase Dated [ insert date ] Introduction This supplementary request for information follows the due diligence questionnaire dated [ insert date ] (Due Diligence Questionnaire) and relates to the proposed acquisition of the entire issued share capital of [ insert name of target company ] Limited, incorporated in England and Wales under number [ insert company number ] (the Company), by [ insert name of buyer ] (the Buyer) from [ insert name of seller ] (the Seller) (the Proposed Acquisition)...