I was interested to read the recent case of IX v IY  which considered the question...
I specialise in commercial litigation, have been an accredited mediator with ADR Net since 1990 and a Deputy District Judge since 1992. I am a highly experienced advocate.
I joined Birkett Long in 1979, becoming a partner in 1984. I am now Managing Partner of the Firm.
My main specialisms are in contractual and professional negligence claims where I have regularly represented parties at all levels in the High Court, Court of Appeal and Supreme Court. In addition, I am a member of the Association of Contentious Trusts and Probate Specialists with a wide ranging practice in all aspects of property, trust, tax, wills and probate litigation.
Examples of key instructions include successfully advising a mobile home park in the Court of Appeal in a challenge to the Inland Revenue on business property relief overturning the existing law, and acting for the senior partner of an established Essex firm of chartered surveyors in a contested action in the High Court, Chancery Division for recovery of monies fraudulently converted by one of the partners.