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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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NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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