The Radcliffe Chambers Podcast

Junior Programme: Charities presented by Matthew Mills and Amber Turner. Ex gratia payments by charities – presented by Matthew Mills Matthew explains the case law, guidance and new statutory provisions which govern when charity trustees may make payments which they believe they are morally, but not legally, required to make. Campaigning by charities: an election year refresher– presented by Amber Turner Campaigning is often a legitimate and effective way of furthering a charity’s purposes. However, when engaging in campaigning and political activity, charities must be careful to comply with their obligations under charity law. Amber recaps the rationale behind the limitations on campaigning and political activity by charities, before going through some of the key restrictions charities should bear in mind this election year and beyond. Radcliffe Chambers is a barristers' chambers specialising in commercial, insolvency, pensions, private client, property and charity law. We are committed to our clients and work hard to maintain our position as a leader in our fields. ​Junior Programme events are aimed at recently qualified lawyers and consist of an hour long talk covering topical issues such as recent case law. The talks do however provide a helpful refresher for more experienced practitioners. Recorded on 27th March 2024

Junior Programme: Restructuring and Insolvency presented by James Fagan and Piers Digby. CVAs and Restructuring Plans: A Comparative Introduction – presented by James Fagan English insolvency law provides several tools for assisting distressed companies. James Fagan presents a brief introduction CVAs and Restructuring Plans and compare and contrast some of their key features. Administration: Extending, Converting, and other Common Applications – presented by Piers Digby Piers Digby goes through a helpful refresher on the dos and don’ts of a number of administration applications, and what you can do to fix things up when something goes wrong. Radcliffe Chambers is a barristers' chambers specialising in commercial, insolvency, pensions, private client, property and charity law. We are committed to our clients and work hard to maintain our position as a leader in our fields. ​Junior Programme events are aimed at recently qualified lawyers and consist of an hour long talk covering topical issues such as recent case law. The talks do however provide a helpful refresher for more experienced practitioners. Recorded on 8th March 2024

Commercial Insights Webinar Series - Mints v National Bank Trust – Sanctioned parties as claimants and the vexed question of “ownership and control” under the Russia Sanctions Regulations - Presented by Shantanu Majumdar KC and Chloe Shuffrey. In this webinar Shantanu and Chloe discuss: Litigation - What does Mints actually decide about the rights of designated parties in English litigation? - What are the practical implications for the conduct of litigation and on recognition and enforcement here and overseas? Ownership and/or Control by a designated person - ​How does Regulation 7(4) apply in the light of Mints, subsequent FCDO/OFSI guidance and the decision of the High Court in Litasco v Der Mond Oil? ​- What are your due diligence obligations when faced with a company which might be controlled by a designated person? Recorded on Tuesday, 30th January 2024.

Commercial Insights Webinar Series - Unfair Prejudice Claims - Presented by Stuart Benzie. Stuart reviews the background to the implementation of Section 994 Companies Act 2006, the fundamental concepts of the current Section 994 Unfair Prejudice regime and discusses recent developments in this important jurisdiction. Stuart also discusses case studies involving directors who have forfeited their shares because of alleged breaches of shareholders’ agreements or the company’s articles, and how the unfair prejudice remedy might be engaged in such circumstances.

Radcliffe Chambers is a barristers' chambers specialising in commercial, insolvency, pensions, private client, property and charity law. We are committed to our clients and work hard to maintain our position as a leader in our fields. Recorded on Tuesday, 19th December 2023.

Junior Programme: Top Cases of 2023: Insolvency and Private Client presented by Piers Digby and Robert Lee. During this webinar, Piers and Robert recap some of the top insolvency and private client cases over the last year and provide their insight on why these cases are so significant and highlight cases to watch out for in 2024. ​Radcliffe Chambers is a barristers' chambers specialising in commercial, insolvency, pensions, private client, property and charity law. We are committed to our clients and work hard to maintain our position as a leader in our fields. ​Junior Programme events are aimed at recently qualified lawyers and consist of an hour long talk covering topical issues such as recent case law. The talks do however provide a helpful refresher for more experienced practitioners. Recorded on 7th December 2023

This Radcliffe talks Real Estate webinar is presented by Amber Turner of Radcliffe Chambers and Farah Bandali of Shakespeare Martineau. Amber and Farah talk through their top tips for practitioners dealing with possession claims. The talk covers key issues in claims involving forfeiture, privately rented properties, and mortgages. The talk is of interest to those working in the commercial and residential spheres, and is intended to be an introduction for those with limited experience of possession claims, or a refresher for more hardened practitioners. Recorded on Tuesday, 5th December 2023.

Presented by Amber Turner.

Amber gives a brief overview of the different processes of interpretation and rectification in relation to wills. The talk considers some of the circumstances in which each can be useful to practitioners dealing with the administration of estates, as well as what to look out for when using these tools to achieve a particular result. Amber will also comment on variation.

Junior Programme events are aimed at recently qualified lawyers and consist of an hour long webinar covering topical issues such as recent case law. The webinars will however provide a helpful refresher for more experienced practitioners and we welcome all of those who are interested in joining.

Recorded on Thursday, 23rd November 2023.

Commercial Insights Webinar Series - Civil Fraud Roundup: 2023 - Presented by Zackary Kell and Alexander Kingston-Splatt. Zachary and Alexander give an overview of some of the most important civil fraud cases of 2023. Zachary Kell has a busy commercial chancery practice with experience in civil fraud, commercial law and insolvency & restructuring. He has been ranked in Tier 4 for Fraud: Civil in Legal 500 2024. Alexander Kingston-Splatt's practice has an emphasis on commercial litigation, civil fraud and insolvency. He has been instructed as junior counsel in the widely reported Arena litigation, involving the largest asset finance fraud ever seen in the UK. He has been ranked as a Rising Star for Insolvency in Legal 500 2024. Recorded on Tuesday, 28th November 2023.

This Radcliffe talks Real Estate webinar is presented by Simon Williams of Radcliffe Chambers and Ben Devonport MRICS of HartDixon. Simon has a conversation with building surveyor Ben about some recent cases in which they have been involved together and the interplay in them between the legal issues and the expert evidence necessary to assist in proving the case. Recorded on Tuesday, 14th November 2023.

Hosted by Natalie Pratt and Louis Grandjouan.

2023 saw a number of significant decisions relating to the law of nuisance, including two of the Supreme Court: Fearn v Board of Trustees of the Tate Gallery [2023] UKSC 4 and Jalla v Shell International Trading and Shipping Co Ltd [2023] UKSC 16. In this talk Louis considers the relevance of these developments for property lawyers. Natalie discusses how to secure injunctive relief to protect property, and give her top tips for the same. ​Radcliffe Chambers is a barristers' chambers specialising in commercial, insolvency, pensions, private client, property and charity law. We are committed to our clients and work hard to maintain our position as a leader in our fields. ​Junior Programme events are aimed at recently qualified lawyers and consist of an hour long talk covering topical issues such as recent case law. The talks do however provide a helpful refresher for more experienced practitioners. Recorded on 21st September 2023

Thomas Dumont KC Barrister from Radcliffe Chambers and Eleanor Stenson Partner from IDR Law, provide a detailed webinar on ‘What is needed in the court room?’.

This webinar is specifically aimed at legal teams working with or in charities and Charity Legacy Officers. Thomas and Eleanor cover: How do matters reach Court – i) does the charity need to go to Court to determine a point of law ii) red flags in disputes that make Court more likely iii) different types of claims

Why this can be difficult for charities – negative publicity, increased costs, adverse costs risks.

What happens at Court – brief overview of the process (opening submissions, cross examination (what does this look like, if a - Legacy Officer needs to give evidence?), experts, closing)

Once the Trial starts - is it still possible to settle the case?

What happens when the Judge makes their decision, judgment on the day or reserved?

What happens if the decision goes against you

PR/Media considerations – how to prepare for unforeseen outcomes

Recorded on 24th October 2023

Kate Selway Barrister from Radcliffe Chambers and Cara Hough Partner from IDR Law, provide a detailed webinar on ‘How to Prepare for Court’

Specifically aimed at legal teams working with or in charities and Charity Legacy Officers.

Kate and Cara cover:

• The types of inheritance a charity can receive

• The types of estate claims that charities could be involved in

• The evidence gathering process

• Mediation and much more

Recorded on 25th September 2023

Privilege in Corporate Investigations - presented by James Fagan

Corporate investigations present unique difficulties for lawyers and their clients seeking to ensure findings and work products are confidential and protected by legal privilege. James will provide an overview of the risks to privilege in investigations and how to manage them and a consideration of the decision in Al Sadeq v Dechert & Ors [2023] EWHC 795 (KB).

Navigating Knowledge – establishing knowledge in claims for breach of directors’ duties - presented by Katie Longstaff

Katie will consider the challenges commonly faced by parties in assessing whether directors had the requisite state of knowledge to give rise to a breach of duty action in an insolvency context. In doing so she will consider the recent case law, including Hunt v Singh [2023] EWHC 1784 (Ch).  

Junior Programme events are aimed at recently qualified lawyers and consist of an hour long webinar covering topical issues such as recent case law. The webinars will however provide a helpful refresher for more experienced practitioners and we welcome all of those who are interested in joining.

Recorded on - 17/10/23

From Dust to Dissolution: Fraudulent Trading, Restoration and Carbon Credits in Tradition Financial Services Ltd v Bilta (UK) Ltd [2023] EWCA Civ 112 – presented by Zachary Kell

In his talk, Zachary looks at the recent decision in Tradition Financial Services alongside other related cases to set out some of the tools available to litigators and insolvency practitioners in order to best pursue parties who have used corporate entities as vehicles of fraud.

Bankruptcy annulments: common pitfalls for bankrupts, creditors and trustees – presented by Lauren Kreamer

Lauren gave a refresher on the bankruptcy annulment process and a reminder of where it can go wrong for bankrupts, creditors and trustees. She also provides an update on recent case law in this area, including the recent case of Re Kooter [2023] EWHC 594 (Ch) which looked at the court’s treatment of a trustee in bankruptcy’s fees after a successful annulment application by a majority creditor on COMI grounds, and what this decision means for trustees and their advisers.

Junior Programme events are aimed at recently qualified lawyers and consist of an hour long webinar covering topical issues such as recent case law. The webinars will however provide a helpful refresher for more experienced practitioners and we welcome all of those who are interested in joining.

Recorded on - 26/09/23

In this webinar Matthew Tonnard of Radcliffe Chambers speaks on the topic of Vesting Orders . In particular, Matthew discusses what happens to property held by a company when it is struck off from the Companies Register, the implications of property being disclaimed by the Crown and the procedural routes by which property may be “vested” in an individual. Radcliffe Chambers is a barristers' chambers specialising in commercial, insolvency, pensions, private client, property and charity law. We are committed to our clients and work hard to maintain our position as a leader in our fields. Recorded on 26 July 2023.

Chaired by David Mohyuddin KC and Daniel Burton who both appeared on behalf of the successful respondents in the Court of Appeal in Denaxe Ltd v Cooper & Rubin [2023] EWCA Civ 752. This talk includes a discussion of the decision and the practical implications for trustees and officeholders who might seek the court’s approval for something they want to do. Radcliffe Chambers is a barristers' chambers specialising in commercial, insolvency, pensions, private client, property and charity law. We are committed to our clients and work hard to maintain our position as a leader in our fields. Recorded on - July 18 2023.

Matthew Mills and Louis Grandjouan present on what schemes are, when charity trustees might need one, and how they can get one. As well as what charity trustees can and should do in a situation where a fellow trustee has lost their confidence, refuses to leave, and the existing internal mechanisms for their removal are inadequate.

Radcliffe Chambers is a barristers' chambers specialising in commercial, insolvency, pensions, private client, property and charity law. We are committed to our clients and work hard to maintain our position as a leader in our fields.

Recorded on May 25 2023.

Emma Loizou and Daniel Thorpe of Radcliffe Chambers present on Beddoe and Public Trustee v Cooper [2001] and discuss the risks of a breach of duty and when a trustee should and should not apply to court in connection with an actual or proposed course of action.

Radcliffe Chambers is a barristers' chambers specialising in commercial, insolvency, pensions, private client, property and charity law. We are committed to our clients and work hard to maintain our position as a leader in our fields.

Recorded on 26 April 2023.