Articles

They discuss the recent decision of Reid-Roberts v Mei-Lin [2026] EWHC 49 (Ch) which provides a helpful gloss on the Court of Appeal case of Hudson v Hathway [2022] EWCA Civ 1648.

Hathway clarified the requirements for creating a constructive trust through a post-acquisition agreement about beneficial ownership. This article examines how later cases have applied these rules, particularly regarding electronic messages and what counts as detrimental reliance. There are also helpful tips for practitioners dealing with trusts.

Andrew Duncan recalls his time on the Falkland Islands, leading a team in a 2-week case in a community so small and tight-knit that the judiciary has to carefully navigate its presence and interactions within society to be able to consistently deliver impartial justice.

Charles Hogan shares the explanatory guide to a flowchart intended to identify which routes are available to set aside or vary a financial remedy order on facts, as well as some basic information about procedure under the Family Procedure Rules 2010 (‘FPR’) and (in some cases) legal test.

Drawing on case law as well as his personal experience, Scott Sharp reviews if the introduction in law of the concept of economic abuse in the Domestic Abuse Act 2021 has resulted in the positive changes and improved outcomes for the victims that many hoped for.

Employers beware – balancing prejudice is no quick save for extending time for submitting a response when contumelious conduct is found.

Lachlan Wilson considers the judgment of HHJ Tayler in Costco Wholesale UK Ltd v Mr Jaiden Nash [2026] EAT 85.

Robin Pickard analyses London Ambulance Service NHS Trust v Garrett [2026] EAT 77, which highlights that where a non-protected belief is said to be a manifestation of a protected belief, the test in Eweida (“intimately linked”) needs to be addressed with precision.

Jo Laxton analyses London Borough of Ealing & Ors. v Pauline Peace [2026] EAT 81 and the principles that should be addressed in considering changes to pleaded cases.

The correct approach expects a proper consideration of the matters set out in Selkent Bus, which HHJ Tayler approved when he determined Vaughan. Notably, the Respondent having some notice is not a substitute for full consideration of an amendment application.

Joseph England reviews the case of Cunningham v BBC [2026] EAT 92, which highlights the need for employers to seek clarification when being put on notice of a potential disability in a OH report or by an employee, to avoid a finding of constructive knowledge.

Komal Patel analyses the fact-finding case of F v M & Anor [2026] EWFC 133 (B), a private law children case, in which HHJ Owens delivered a fact-finding judgment concerning allegations of physical and sexual abuse made by a child against her father. Komal represented the guardian in the case. Create a free Family Law Week account to read the analysis.

John explores Court of Appeal case, Magic Investments SA v Broadbent and The Greater Good Fresh Brewing Co Limited [2026] EWCA Civ 711, where a contractual term has more than one possible meaning. He looks at how the court concluded interpretation best fits the contract as a whole and reflects commercial common sense, while also clarifying aspects of unfair prejudice claims.

John examines the recent case of Song & Zhao v Smith & Ors [2026] EWCA Civ 719, in which a shareholder who continued pursuing business opportunities after a joint venture partner withdrew from the company. In this case the court considered if they breached their fiduciary duties by not accounting for profits to the company, and whether that conduct amounted to unfair prejudice against the other shareholder.

Family law arbitration is now a well-established way for parties to settle financial separation following a relationship breakdown. Family law barrister and arbitrator Imogen Robins considers what good arbitration practice looks like and examines what happens when one of the parties disputes an arbitral award or refuses to accept it.