Pearse Connery

Manolete Partners Reports Record New Case Investments as Insolvencies Soar An article in Legal Futures covers the recent trading update from MANOLETE PARTNERS Plc which shows that the insolvency litigation funder is achieving new heights, buoyed by an increase in the number of insolvencies. Manolete’s report showed that the funder had reached a new record of 418 live cases, with 311 of these cases representing new investments for the year ending 31 March 2024. This represented an increase of 18% in new case investments compared to the previous year. Manolete’s chief executive Steven Cooklin attributed these impressive results to the “highest level of UK insolvencies for 30 years”, citing data from Insolvency Service which showed that in 2023, the volume of creditor voluntary liquidations “as at its highest level since 1960.” https://lnkd.in/eefse3Ec #litigationfinance #litigationfunding #legalfinance #legalfunding #litfin #insolvency

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If your parent has a new partner it is vital to put in place agreements that protect your inheritance and avoid any disputes at a later date. Eve Hebbron, senior associate in our Inheritance and Trust Disputes team explains 👇 https://lnkd.in/etyW7A9U

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📖 ON THE BLOG: Unlicensed and Uninsured Contractors: Impact of Legislative Changes on Progress Payments Under the SOPA Regime. Written by Melissa Care and Sophie McLean, deep dive into this change. 🟣 READ: Click the link in the comments.

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🚨New Commercial Awareness Article 🚨 In this article, Chelsea Badmos discusses the CMA's decision to approve the Barratt and Redrow merger, examining the role of law firms post-merger. Read the full article here: https://lnkd.in/e7ZXPtJ4 — Want to improve your commercial awareness? Subscribe to our newsletter and receive a FREE Commercial Awareness Guide. Don’t miss out! 📥 ✅ Here's the link to sign up: https://lnkd.in/epiwr7HJ

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Download Dye & Durham UK latest e-book for an easy-to-use guide on managing the business side of your law firm. Inside you’ll find: 🎯key industry insight about how other law firms operate 🎯breakdown of the benefits of practice management systems 🎯potential pitfalls if you don't have one Get your free copy: https://bit.ly/3ZJfZYG

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Did you know that final parenting orders can now be reconsidered under new provisions in the Family Law Act 1975? Recent changes have codified the principles from the landmark case Rice v Asplund (1979), specifically under section 65DAAA of the Family Law Act 1975. In her latest blog post, Medson Legal Solicitor Nadine Khalil breaks down what this means for families and legal professionals alike, exploring when and how courts can revisit these orders. The key question: has there been a significant change in circumstances, and is it in the child's best interests? Stay informed and learn more by reading the full article!

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Yet more consultation coming on leasehold reform, including that already passed before the GE which is being looked at again. We probably won't see any practical changes before 2026. Continued insistence that leasehold is inherently bad is not helpful, nobody should conflate that with unfair lease terms and often bad advice from buyers' solicitors over those terms. Let's not throw the baby out with the bathwater. And continued parliamentary use of terms such as 'feudal' and especially 'fleecehold' is just inflammatory nonsense. They should know better. PS EDIT I know what feudal means but am referring to its use as a pejorative term, a sort of freehold good leasehold bad, them and us type sense. It's not progressive and just suggests a lack of understanding.

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In this article we discuss the #righttomanage (RTM), and look at the Supreme Court decision in A1 Properties (Sunderland) Ltd v Tudor Studios RTM Company Ltd [2024] which confirms the approach that courts and tribunals should take where a party fails to comply with a requirement under a particular statutory framework, but where the statute does not stipulate what the consequences of that failure should be. Although this case involved a #RTM claim, the decision will be relevant to statutory procedures under other legislation. https://lnkd.in/eNEXe3S7

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Katie Skinner, Senior Associate and Chartered Legal Executive has written the following article for Lexis Nexis -'Pre-marital agreement, needs and the impact of excluding a sharing claim (AH v BH).' If you have a Lexis Nexis subscription you can read Katie's article here: https://lnkd.in/e6BEix9p #FamilyLaw #LexisNexis

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On 25 April 2024, the UK Competition and Markets Authority announced reforms to its Phase 2 merger control review process to offer a wider exemption for small markets, more engagement with the authority and earlier consideration of remedies. Bill Batchelor  Aurora Luoma #antitrust #competition #competitionlaw #mergercontrol #europe

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The recent Court of Appeal decision in Houssein & ors v London Credit Limited & ors has confirmed the applicable test in determining whether a default interest rate constitutes an unenforceable penalty. The decision also considers whether the standard interest rate can still be recovered following default if the default rate is not enforceable. In this article we take a closer look at the decision and the key takeaways for lenders. Read more here: https://lnkd.in/eNDG9B5X With Nick Curling, Clare Stothard and Claire Kershaw

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*Treatment of Trusts on Divorce: Analysis of HO v TL [2023]*   HO v TL: Lessons for Trusts Cases, an article by FLiP Senior Associate Grace Lawrence who is a member of the Society of Trust and Estate Practitioners, was first published in HNW Divorce ‘Entrusting the Future to the Next Generation’ magazine (ThoughtLeaders4 HNW Divorce • JUNE 2024) and is reproduced via the link below, by kind permission. Financial remedy practitioners in the HNW/UHNW space will often be instructed in cases where either their client or their client’s spouse has substantial trust interests. In such cases, there is an obvious tension between traditional trust concepts (including the trustees’ duties to act in the interests of the beneficiaries as a whole and to safeguard trust assets) and the desire of the English court to achieve a fair outcome as between the divorcing couple. HO v TL [2023] EWFC 215 is one such case. Amongst other issues, Mr Justice Peel had to grapple with the extent to which the Husband’s interests in two family discretionary trusts were accessible and therefore “financial resources” available to him. Read the full article here: https://lnkd.in/eZT3rg5W #TL4HNWD #HNWDivorce #Trusts

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  Tyshchenko v Hyde and others [2024] EWHC 838 (Ch)   INSOLVENCY - APPEAL – STAY OF BANKRUPTCY PROCEEDINGS The Chancery Division refused permission to stay bankruptcy proceedings relating to the possession and sale of property here.   The appellant had been accused of fraudulent dealings regarding loans, and already had a worldwide freezing order against her.   The court had to consider the full picture regarding both parties. This included the diminishing value of the relevant property.   They deemed the appellant would be unable to pay costs relating to the bankruptcy without the sale of the property. This serves an important practical application in bankruptcy cases, when appellants are making such applications.   Summit Law LLP specialise in insolvency solutions. Please follow the link for further information https://lnkd.in/e4UzW6Gx.

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Can a business be trading if it isn’t “open for business”? Stuart Pibworth and I thought the recent case of Putney Power Ltd and another vs HMRC was quite interesting. This blog post explains why.

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🎉 Exciting news! 🎉 This significant growth is testament to the depth and quality of our team, who always go the extra mile for the businesses and individuals they advise. We can't wait to see what the next 12 months bring as we continue to invest in our people to provide the best possible service to our clients. #SuccessStory #FinancialResults #CommercialLaw #PersonalLaw #LawFairSquare

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