Articles

Equity of Exoneration Revisited: Armstrong v Onyearu [2017] EWCA Civ 268

Equity of Exoneration Revisited: Armstrong v Onyearu [2017] EWCA Civ 268

Date: 11 Apr, 2017
In a recent Property & Estate article, Daisy Brown carefully analysed the development of the equity of exoneration ("a judge-made principle of some antiquity") and concluded that it was "crying out for the higher courts to take a fresh look at how it should be applied".

Might rules alone not be enough?

Might rules alone not be enough?

Date: 23 Mar, 2017
Might rules alone not be enough? Mary Cowe asks what should guide our professional moral decision making in her article for Counsel Magazine "The Good Lawyer".

Green v Wright [2017] EWCA Civ 111

Date: 14 Mar, 2017
The Court of Appeal has recently handed down its long-awaited judgment in Green v Wright [2017] EWCA Civ 111.

Practice growth and proprietary estoppel - Malcolm Warner, March 2017

Practice growth and proprietary estoppel - Malcolm Warner, March 2017

Date: 1 Mar, 2017
This article follows a well received recent lecture on this topic and its aim is to identify how solicitors can help their clients.

Stefan Ramel & John Churchill analyse the Supreme Court's recent decision on s.127 in Akers v Samba

Date: 21 Feb, 2017
The case is rare example of the country’s highest Court considering in some detail the operation of s.127 of the Insolvency Act 1986.

Neil Levy considers ‘Security on Rental Income’

Neil Levy considers ‘Security on Rental Income’

Date: 25 Jan, 2017
This is the sixth in the series of insolvency papers which we have been launching over recent weeks.

Suzanne Staunton - Precedent H does not set the precedent for costs

Suzanne Staunton - Precedent H does not set the precedent for costs

Date: 19 Jan, 2017
Within this article, recently featured in the latest Paragon Cost Solutions newsletter, Suzanne Staunton considers - Precedent H does not set the precedent for costs.

James Hannant discusses "Going Behind Judgments in Bankruptcy Proceedings"

James Hannant discusses "Going Behind Judgments in Bankruptcy Proceedings"

Date: 12 Jan, 2017
This article by James is the fifth? in the series of insolvency papers being produced by the members of Guildhall Chambers’ insolvency team.

Christopher Brockman considers "Directors, fiduciary duty and the burden of proof"

Christopher Brockman considers "Directors, fiduciary duty and the burden of proof"

Date: 6 Jan, 2017
In the latest article Chris Brockman looks at the importance of the burden of proof in relation to breach of directors’ duties cases and how it may help office holders

Katie Gibb considers "Claims against Third Parties in Insolvency: Is there any room for the Part 20 Claim?"

Katie Gibb considers "Claims against Third Parties in Insolvency: Is there any room for the Part 20 Claim?"

Date: 16 Dec, 2016
Where a company sues a former director, for example, or its auditors for negligence, that defendant is entitled if it so wishes to join in a third party for the purpose of claiming a contribution or an indemnity.