Brief Tapes

In this episode of Brief Tapes, Millie Rai explores the new pilot scheme for simplified cost budgeting, introduced by Practice Direction 51ZG, and what it means for those working in the Business and Property Courts. From the new Precedent Z to sanctions, timelines and default rules, this episode offers a clear, practical guide to one of the most technical procedural changes of the year.

In this episode of Brief Tapes, we explore rectification under the Land Registration Act 2002, especially in cases involving fraud, forgery, and mistaken entries on the land register. Led by Michael Booth KC and Stuart Armstrong , this episode offers an in-depth, case-led discussion on one of property law’s more complex areas. Learn the difference between void and voidable dispositions, the role o...

This time on Brief Tapes, we explore the fascinating intersection of Memory and Witness Evidence. Hosted by barristers Jessica Powers and Justin Perring as they discuss judicial approaches to memory, fact-finding and the vital role of documents in the process.  Inspired by Lord Justice Popplewell’s recent lecture on ‘Judging Truth from Memory: The Science,’ this episode is a must-listen for anyone...

To launch our brand new series, we are diving deep into a pivotal topic for commercial property law: The Future of Security of Tenure under the Landlord and Tenant Act 1954. Hosted by John Campbell, barrister of New Square Chambers and Oliver Maxwell of the Smith Partnership in Derby as they explore the Law Commission’s recent consultation on reforming this 70-year-old piece of legislation. What’s...

The Supreme Court handed down the long awaited judgment in The Manchester Ship Canal Company Ltd v United Utilities Ltd (No2) [2024] UKSC 22 on 2 July 2024. In this episode, John Campbell and Justin Perring examine the judgment and discuss its implications on claims in private nuisance against statutory sewerage undertakers. 

Hundreds of petitions are heard every week in the winding-up court, and with that volume of cases, it is hardly surprising that all manner of things can go wrong. In this episode, Jessica Powers and JJ Liew share hints and tips on how to navigate each stage of the winding-up petition process, from drafting through to the hearing itself. Disclaimer: it was not possible to cover every letter of the...

They say a man’s home is his castle, but what happens when the castle has more than one inhabitant and they fall out? James Saunders and Jessica Powers are joined by Emily Roskilly of Roskilly and Mills to explore both sole name and joint name cohabitation cases, and the cohabitation issues that arise in 1975 Act claims, contentious probate disputes and insolvency proceedings. They discuss top tip...

In this episode, Dr Sarah Egan and Jessica Powers discuss the changing ADR landscape, focussing on ADR processes which are led by judges: Chancery FDRs and Early Neutral Evaluation. Drawing on the Chancery Guide, case law, and their own experience, they explore the mechanics and outcomes of those processes. Along the way, they also consider the consequences of Churchill v Merthyr Tydfil CBC and wh...

Simon Adamyk and Justin Perring explore how commercial and chancery litigators can use GDPR to gain a tactical advantage in disputes. From obtaining information pre-action or outside of the usual disclosure avenues to resisting a GDPR attack, this episode is a must-listen for anyone looking to use GDPR effectively in litigation. Gain practical tips on supporting your clients and navigating data pr...

In this special episode for IWD 2024, Millie Rai and Chloe Rixon shine a light on some of the challenges and triumphs faced by women at the Commercial Chancery Bar.

James Davies and Justin Perring explore the company law issues that arise in the context of family businesses, with particular consideration of compliance issues, transitions, and the interplay between personal disputes and commercial imperatives. 

It’s all about those rates (again!). Laura Webster briefly recaps the law concerning liability orders, rate relief for charities, and the requirements to qualify as a charity, before then analysing the Supreme Court’s decision in LB Merton v Nuffield Health.

Aidan Briggs and Millie Rai discuss the wide-ranging issues that may arise when estates have cross-border elements. In particular, they discuss the difficulties arising with respect to domicile for the purposes of succession planning and the administration of estates, as well as what happens when a deceased person dies leaving assets abroad.

In this episode, Leigh Sagar and James Davies explore crypto-asset succession planning. They delve into the intricacies of two asset types, contractual claims held by service providers and user-controlled assets with private keys, and unravel the legal landscape and applicable succession laws in the crypto-verse. 

JJ Liew and Millie Rai cover everything you need to know about the pupillage application process. They share their top tips for commercial chancery applications, including how to tackle written applications, interviews, and everything in between.

Brief Tapes is back! In this series we'll dive into our usual mix of legal, procedural, current awareness and career topics.

What can the Courts do when there is a family dispute about where or how someone should be buried? How should a deceased person be buried if they have no will and no family? Are a person's funeral wishes in their will binding? James Davies and James Saunders discuss these questions and more in this week's episode.

Hot on the heels of the Court of Appeal's decision in  Hirachand v Hirachand , Aidan Briggs discusses the recoverability of success fees by claimants in claims under the Inheritance (Provision for Family and Dependants) Act 1975. Is the judgment good news, or a poisoned chalice for claimants?

Leigh Sagar and Jessica Powers explore the bewildering world of cryptoassets from a legal perspective, with assistance from the UK Jurisdiction Taskforce Legal Statement, and decisions of the High Court of England and Wales, the High Court of New Zealand, and the Court of Appeal of Singapore.

Jessica Powers is joined by Paul Davies, a partner at James Cowper Kreston and President of the TMA UK, to discuss the state of the High Street through an insolvency and restructuring lens. They cover CVAs, administration, schemes of arrangement and Part 26A plans, and also take a look at the recent New Look, Regis and Virgin Active cases.

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.