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Welcome to the latest legal news and insight from Tolhurst Fisher, covering all the UK and international deals, disputes, lateral hires and law firm updates.

Solicitors since 1892

What happens if a party dies after a financial settlement?

A Barder event was coined as such by the case of Barder v Barder in 1987 which it was determined that a family law court to exercise its discretion to grant leave to appeal out of time, if certain conditions are satisfied. The conditions were (1) a new event invalidates the basis upon which the order was made or (2) the event occurs within a relatively short period of time.

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Progress but with delays

As our Probate Team operate at the coalface of the Probate Registry and HM Revenue and Customs, they are uniquely placed to comment upon both the IT improvements and frustrating delays that they are experiencing with these critical government bodies. Both have moved to streamline their processes using technology where possible and, particularly in the case of the Probate Registry, largely moved to an electronic platform to manage the Probate process.

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Update: Business interruption insurance test case – Supreme Court Judgment

Following on from our previous blog on the test case proceedings commenced by the Financial Conduct Authority (FCA), which were issued in order to provide clarity for policyholder’s seeking to rely on their Business Interruption Insurance (BI Insurance) as a result of losses caused by the COVID-19 pandemic, subsequent appeals were issued by the FCA and the Defendant Insurers and the Supreme Court has now delivered its decision.

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