‘Expert witnesses are being subjected to greater scrutiny by the criminal courts, despite the government’s refusal to implement safeguards recommended by its own law reform advisers.’
The Guardian, 15th October 2014
Source: www.guardian.co.uk
‘As the opening comments of Charles Hollander QC in his judgment in King v Dubrey [2014] EWHC 2083, make clear, a donatio mortis causa (DMC) takes effect as a historic and anomalous exception to the requirements of the Wills Act. It involves… a present gift which takes effect in the future and remains conditional until the donor dies. On death it becomes absolute. It has previously been described as being of “an amphibious nature, being a gift which is neither entirely inter vivos nor testamentary.” The task for the Court is to distinguish between a genuine DMC and an attempt to make a testamentary gift other than in accordance with the Wills Act. The test has, for over one hundred and fifty years, been a high one –
“…no case of this description ought to prevail unless it is supported by evidence of the clearest and most unequivocal character.”’
Hardwicke Chambers, 25th September 2014
Source: www.hardwicke.co.uk
My purpose in this article is to highlight the sort of issues facing charities in deciding whether or not to litigate over a legacy, or residuary gift, contained in a Will. In particular, I shall be looking at a number of cases where charities have faced such difficult decisions, some of which they have got wrong.
Full story (PDF)
New Square Chambers, 2nd October 2014
Source: www.newsquarechambers.co.uk
‘In his monthly column, originally published by PLC, James Bickford Smith considers the Supreme Court’s judgments in Coventry v Lawrence (No 2) [2014] UKSC 46 and Marley v Rawlings [2014] UKSC 51, before commenting briefly on relief from sanctions disputes after Denton v White and other appeals [2014] EWCA Civ 906.’
Littleton Chambers, 3rd October 2014
Source: www.littletonchambers.com
‘The 1st October 2014 sees the implementation of long awaited changes to the way in which intestacy and claims for reasonable financial provision are approached. The Inheritance and Trustees’ Powers Act 2014 is the result of a six year Law Commission review of the intestacy rules and claims for reasonable financial provision. The review was prompted by research that suggested 58% of the adult population does not have a will and the intestacy rules did not properly provide for modern relationships.’
Full story (PDF)
Zenith Chambers, 1st October 2014
Source: www.zenithchambers.co.uk
‘‘Save the Date!’ The Inheritance and Trustees’ Powers Act 2014 comes into force on 1 October 2014. Alexander Learmonth summarises the important changes being brought in by the new Act.’
Full story (PDF)
New Square Chambers, October 2014
Source: www.newsquarechambers.co.uk
‘Over the summer, the Court of Appeal handed down judgment in the case of CLP Holding Company Ltd v Singh (1) & Kaur (2) [2014] EWCA Civ 1103. The case throws up some useful warnings and reminders about VAT on property transfers, the proper construction of contracts and hierarchy clauses.’
Hardwicke Chambers, 8th October 2014
Source: www.hardwicke.co.uk
‘David Mtichell, member of No5 Chambers Commercial & Chancery Group, recently gave a talk titled ‘Rectification of Wills Following Marley v Rawlings’ at the No5 Estates Seminar held on 25th September.’
No. 5 Chambers, 15th October 2014
Source: www.no5.com
‘Interest Rate Hedging Products (“IRHP”) are financial products that enable the purchaser to limit their exposure to interest rate movements. They are often purchased at the same time as entering into a loan.’
Hardwicke Chambers, 19th September 2014
Source: www.hardwicke.co.uk
‘Following plans announced at the Conservative Party’s recent conference to withdraw from the European Convention on Human Rights, Harriet Johnson reminds us why we signed it in the first place, and underlines why it remains such an important safeguard over half a century later.’
Doughty Street Chambers, 3rd October 2014
Source: www.doughtystreet.co.uk
‘To many on the left, the use of zero hours contracts represent the logical extension of a form of capitalism that puts profit and flexibility over people and employment rights: a legal metaphor for austerity Britain, with its cuts to public spending, pay day loans and the so called “bedroom tax”.’
Full story
Cloisters, 3rd October 2014
Source: www.cloisters.com
‘Lord Justice Jackson and many others have on numerous occasions made it abundantly clear that the primary focus of the investigation into Civil Litigation, the main conclusions in the Final Report and the reforms implemented on and after 1 April 2013 was to control legal costs. The aim of the Final Report was
“to carry out an independent review of the rules and principles governing the costs of civil litigation and to make recommendations in order to promote access to justice at proportionate costs”’
Full story (PDF)
Byrom Street Chambers, 6th October 2014
Source: www.byromstreet.com
“A full day of talks, demonstrations and practical advocacy training in the handling of young and vulnerable witnesses, taught by experienced advocacy trainers, including conduct of Ground Rules Hearings, use of ATC Toolkits to plan questioning, and sessions in practical cross examination of vulnerable witnesses played by professional actors. Keynote addresses will be given by The Hon Mr Justice Green, Chairman of the ATC, and Nick Lavender QC, Chairman of the Bar.’
6 CPD Hours
Date: 29th November 2014, 9.00am-5.00pm
Location: Inner Temple, London EC4Y 7HL
Charge: £125 (including lunch)
More information can be found here.
Court of Appeal (Civil Division)
Otkritie International Investment Management & Ors v Urumov [2014] EWCA Civ 1315 (14 October 2014)
High Court (Queen’s Bench Division)
AA v London Borough of Southwark [2014] EWHC 500 (QB) (14 October 2014)
Gadd, R v [2014] EWHC 3307 (QB) (10 October 2014)
CF v The Ministry of Defence & Ors [2014] EWHC 3171 (QB) (14 October 2014)
ABC v DEF [2014] EWHC 3346 (QB) (14 October 2014)
High Court (Chancery Division)
Lictor Anstalt v Mir Steel UK Ltd & Anor [2014] EWHC 3316 (Ch) (13 October 2014)
High Court (Administrative Court)
High Court (Family Division)
K v D [2014] EWHC 3188 (Fam) (26 September 2014)
High Court (Commercial Court)
Wood v Sureterm Direct Ltd & Anor [2014] EWHC 3240 (Comm) (14 October 2014)
Source: www.bailii.org
‘To mark 30 years of a programme which has consistently and expertly explained the legal world to a general audience, Law in Action is broadcasting a special debate.’
BBC Law in Action, 14th October 2014
Source: www.bbc.co.uk
‘A former Virgin Atlantic pilot has been jailed for 14 years for committing a £30m mortgage fraud in Berkshire.’
BBC News, 14th October 2014
Source: www.bbc.co.uk
‘Attorney General speech to London Law Expos on the UK’s long commitment to the Rule of Law.’
Attorney General’s Office, 14th October 2014
Source: www.gov.uk/ago
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