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10 July 2015 / Andrew Willetts
Issue: 7660 / Categories: Features , Property
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An uphill battle

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Cotton provides a masterclass in estate administration for trustees & practitioners, as Andrew Willetts explains

When the seventh Earl of Cardigan achieved historical immortality by commanding the recklessly heroic charge of the light brigade at the battle of Balaclava during the Crimean war it is unlikely that he would have envisaged that his modern day descendants would be forced through straightened finances to sell the ancestral seat. However that is exactly what has come to pass in the recent Court of Appeal decision in Cotton & Anor v Brudenell-Bruce, Earl of Cardigan & Ors [2014] EWCA Civ 1312.

The appeal in Cotton concerned the High Court’s approval of the sale of the grade 1 listed mansion, Tottenham House, which had been placed in a family trust since the 1950s. In recent times the trust had become increasingly cash strapped and dependent on bank loans to fund insurance policies and general upkeep on the trust property. The trust had no money left and the trustees had little choice but to propose the sale of Tottenham

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NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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