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13 May 2010 / Michael Tringham
Issue: 7417 / Categories: Features , Wills & Probate , Intellectual property
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Silence proves costly

Michael Tringham examines recent cases across the seas

Oh, brother!

Wise words from Canada, designed to encourage negotiation rather than litigation, are reported in Deadbeat, a publication of the Ontario Bar Association. As John O’Sullivan, a litigation partner at Toronto law firm Weir Foulds LLP, sums them up: costs will not be routinely ordered out of the estate and parties “cannot treat the assets of the estate as a kind of ATM bank machine...”.

His comments follow an unreported decision by Justice Pitt of the Ontario Superior Court in Estate of Elizabeth Gyetvan. Elizabeth Gyetvan had left three parcels of real estate to her two sons, the co-executors and sole beneficiaries of her estate. The properties had still not been transferred to the sons more than four years after Elizabeth’s death because of bitterness between them. One brother applied for a declaration that the properties had vested by virtue of s 9 of the Estates Administration Act, for an order requiring the land registry office to register the brothers’ ownership, and for

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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