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Publications

Members of Chambers edit or contribute to a number of leading textbooks. They also write articles for relevant legal journals, with recent examples as follows:

Court Authorisation of Self-Dealing by Trustees in the Light of Chaston v Chaston - Article by Charles Holbech

In this article Charles Holbech considers the recent case of Chaston v Chaston [2018] EWHC 1672 (Ch) in which the Court authorised a sale at valuation to a beneficiary of a property of which the beneficiary was also a trustee, despite opposition from two beneficiaries who were pressing for a sale on the open market.

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New Guidance from the FCA on the Fairness of Variation Terms in Consumer Contracts - Article by Malcolm Waters QC

In an article for the Journal of International Banking and Financial Law, Malcolm Waters QC recently analysed the new guidance from the FCA on the fairness of variation terms in financial services consumer contracts.

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Discharging a Court of Protection Security Bond After P Dies – Article by Matthew Mills

Matthew Mills’ article titled ‘Discharging a Court of Protection Security Bond After P Dies’ was recently featured in ‘Private Client Business’, published by Sweet & Maxwell.

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Single Name Family Home Constructive Trusts - Article by Matthew Mills

Matthew Mills’ article titled ‘Single Name Family Home Constructive Trusts: Is Lloyds Bank v Rosset Still Good Law?’, was recently featured in ‘The Conveyancer and Property Lawyer’, published by Sweet & Maxwell.

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The Residential Nil Rate Band: A Path through the Maze - Paper by Charles Holbech

In this paper, Radcliffe Chambers barrister Charles Holbech attempts to unravel the complexities of the RNRB, and its impact on will drafting and lifetime tax planning.

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'Can a creditor with a disputed debt apply for an administration order?' - Article by Kate Rogers

Radcliffe Chambers barrister, Kate Rogers, discusses whether a creditor with a disputed debt can apply for an administration order, based on the recent case ‘Berkshire Homes (Northern) Ltd v Newbury Venture Capital Ltd’, in which Matthew Weaver, also a member of Radcliffe Chambers appeared for the successful applicant.

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'Membership disputes in religious charities 2 - what to do if they arise' - Article by Joshua Winfield

Joshua Winfield, in his new article, sets out five steps  that should be taken by those engaging in proceedings to resolve a membership dispute involving an unincorporated charity, so that they can ensure a satisfactory outcome that minimises the risk and disruption to the charity.

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Justin Holmes co-authors “A Practitioner’s Guide to the Court of Protection”

Radcliffe Chambers barrister Justin Holmes has co-authored the fourth edition of ‘A Practitioner’s Guide to the Court of Protection’ (Bloomsbury Professional) in collaboration with Martin Terrell, Caroline Bielanska and Richard Frimston.

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'The Cayman Islands Beneficial Ownership Register'- Article by Josh Lewison

Josh Lewison has written in this month’s Corporate Rescue and Insolvency Journal on the final implementation of the beneficial ownership register in the Cayman Islands.

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'Estoppels between trustees, their beneficiaries and others' - Article by Justin Holmes

Marcus Flavin, Josh Lewison and I recently appeared in English v Keats [2018] EWHC 673 (Ch), a case which raised interesting questions about the extent to which an estoppel which arose between the trustees of the trust and some of the beneficiaries could affect the rights of other beneficiaries or of third parties.

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