February 2008 – Page 18 – Current Awareness

Brown v Executors of the Estate of HM Queen Elizabeth the Queen Mother and others – WLR Daily

Posted February 12th, 2008 in law reports, royal family, wills by sally

Brown v Executors of the Estate of HM Queen Elizabeth the Queen Mother and others [2008] EWCA Civ 56; [2008] WLR (D) 41

“The process by which a judge had ordered that the wills of two deceased members of the royal family should not be open to public inspection was not transparent, nor were the criteria applied plain, and, therefore, a person who had applied to inspect the wills was entitled to have a substantive hearing of his application, even though it was motivated by an irrational and scandalous belief.”

WLR Daily, 11th February 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Ashe (Trustee in bankruptcy of Djabar Babai) v National Westminster Bank plc – WLR Daily

Posted February 12th, 2008 in adverse possession, law reports, mortgages, time limits by sally

Ashe (Trustee in bankruptcy of Djabar Babai) v National Westminster Bank plc [2008] EWCA Civ 55; [2008] WLR (D) 40

“Where a mortgagor was in exclusive possession of his mortgaged property, and the mortgagee had for more than 12 years failed to protect its security by taking steps to enforce its right to possession or to obtain payment from the mortgagor, such possession was ‘adverse possession’ for the purposes of the Limitation Act 1980 and ran in the mortgagor’s favour and against the mortgagee; and the latter’s right of action, having accrued more than 12 years before, was extinguished under the Act.”

WLR Daily, 11th February 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Statek Corporation v Alford and Another – Times Law Reports

Posted February 12th, 2008 in breach of trust, law reports, time limits by sally

Statek Corporation v Alford and Another

Chancery Division

“Where a beneficiary had a claim against an accessory to another’s fraudulent breach of trust, the exception to the normal limitation period applied to that claim as if the accessory were a fiduciary or trustee.”

The Times, 12th February 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Majorstake Ltd v Curtis – Times Law Reports

Posted February 12th, 2008 in landlord & tenant, law reports by sally

Majorstake Ltd v Curtis

House of Lords

“‘Premises’ in which a flat was contained was an objectively recognisable space which a visitor would regard as the premises.”

The Times, 12th February 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Recent Statutory Instruments – OPSI

Posted February 12th, 2008 in legislation by sally

The Sheep and Goats (Records, Identification and Movement) (Wales) Order 2008

The Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2008

The Petroleum Licensing (Production) (Seaward Areas) Regulations 2008

The National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) (Amendment) Regulations 2008

The Armed Forces (Gurkha Pensions) (Amendment) Order 2008

The Child Benefit Up-rating Order 2008

The Payments into the Olympic Lottery Distribution Fund etc. Order 2008

Source: www.opsi.gov.uk

Get prisoners into open jails, governors told as cells fill up – The Guardian

Posted February 12th, 2008 in news, prisons by sally

“Prison governors have been told to move as many inmates as possible to open jails as an emergency response to the latest surge in prisoner numbers, which have reached a new record of 81,681 in England and Wales.”