Brief Tapes

This week we are all about those rates, as James Davies and Laura Webster discuss Hurstwood Properties (A) Ltd v Rossendale Borough Council in the Supreme Court and other recent decisions, and recap how to set aside liability orders.

This week it's a double dose of James, as James Davies and James Saunders discuss recent issues in contentious probate, including testamentary capacity, pre-action information gathering and standing to bring probate proceedings.

James Saunders and Jessica Powers discuss one of life's two certainties in the context of litigation, looking at what happens when a claimant or defendant dies pre- or post-issue of civil claims. They also review the consequences of the death of a debtor in insolvency proceedings, and the death of a sole director/shareholder.

In this bonus episode, Jeff Hardman discusses the Fire Safety Bill and the aftermath of the Grenfell Tower disaster with Stephen McPartland, the Conservative MP for Stevenage and the co-proponent of a key amendment to the Bill.

Thought mediation was the only alternative to resolving a dispute at trial? Think again. James Davies and Paul Wilmshurst explore available ADR options, including arbitration, expert determination, early neutral evaluation, and the Chancery FDR.

In this special episode for International Women's Day 2021, New Square Chambers #choosetochallenge by celebrating women's achievements at the Bar, and exploring the issues which continue to face female barristers. Together with Laura Webster and Michelle Greene, Jessica Powers discusses female trailblazers, and issues such as gendered language, retention and fair allocation of work.

James Saunders and Jessica Powers recap the basics of serving civil proceedings, including how, when and where to serve claims. They also consider trickier issues, such as how limitation impacts on the service of proceedings, the consequences of discontinuing claims before service, and what happens if either the claimant or defendant are not in existence at the time of service.

Should the Court stay civil proceedings where there are concurrent criminal proceedings? How do POCA 2002 restraint orders affect insolvency proceedings? James Saunders and Jessica Powers consider these questions and more, as they take a look at how criminal proceedings can impede and influence civil proceedings.

On the one hand, the pandemic has resulted in an increase in personal and corporate debt, but, on the other, the Government has imposed a number of restrictions on enforcement of debts. James Saunders and Jessica Powers explore the most viable methods of enforcement, and discuss the forthcoming Debt Respite Scheme (Breathing Space).

What is a DBA, and should it be a fee arrangement that you consider entering into? Chris Snell (who appeared for the successful Respondent) and James Saunders discuss the recent Court of Appeal decision in Zuberi v Lexlaw Limited. That judgment represents a significant boost to the appeal of DBAs, but there are some questions which remain unanswered.