‘Parents of newborn babies who died due to shocking failings by maternity staff at Furness General Hospital have spoken of how they are “saddened” but “vindicated” by the publication of the damning Morecambe Bay report.’
The Independent, 3rd March 2015
Source: www.independent.co.uk
‘Cases about whether someone owes a duty of care in tort can be surprisingly difficult to decide. Kate Beattie has just posted on the Michael case here, where no duty was held to arise, despite (it appears) the police control room being told by the doomed Ms Michael that her ex-boyfriend had just told her that he was just about to “fucking kill you”. He was as good as his word, within 20 minutes, and the family now sues the police. How much more direct can you be than that? And yet the family lost 5-2 in the Supreme Court.’
UK Human Rights Blog, 8th February 2015
Source: www.ukhumanrightsblog.com
‘The Welsh engineering firm of Taylor & Sons has won a major claim against the government agency after they mixed it up with another firm of a similar name.’
The Guardian, 28th January 2015
Source: www.guardian.co.uk
‘A High Court judge has found Companies House liable for the demise of Taylor & Sons Ltd, after they mistakenly recorded that it had been wound up.’
Daily Telegraph, 27th January 2015
Source: www.telegraph.co.uk
‘Lurking in the background of many judicial review claims is a complaint that a decision maker has made an error of fact.’
Hardwicke Chambers, 24th November 2014
Source: www.hardwicke.co.uk
Marley v Rawlings (No 2); [2014] UKSC 51; [2014] WLR (D) 402
‘Where a mistake made by a solicitor in the execution of a will required its validity to be determined in litigation, funded in the High Court and the Court of Appeal on a traditional basis and in the Supreme Court under contingency fee agreements, the proper order for costs in the High Court and the Court of Appeal was that the solicitor’s insurers should pay the costs of both the successful claimant and the unsuccessful defendants, thereby short-circuiting the approach that, on a reasonable, but unsuccessful, challenge to the validity of a will, the costs should be borne by the estate.’
WLR Daily, 18th September 2014
Source: www.iclr.co.uk
‘The Supreme Court today ordered a solicitor’s insurer to pay the bulk of both parties’ costs over a wills dispute arising when a married couple each signed the wrong draft of a will.’
Law Society’s Gazette, 18th September 2014
Source: www.lawgazette.co.uk
‘Inquiry launched into how man with same surname as another inmate due to come out came to be released from HMP Hewell.’
The Guardian, 7th July 2014
Source: www.guardian.co.uk
‘A father who has campaigned for 24 years to hold doctors to account for the death of his son from a treatable disease has said that landmark proposals to impose a duty of candour on all healthcare organisations would be a huge advance – but do not go far enough.’
The Independent, 9th March 2014
Source: www.independent.co.uk
‘Would it be a fantasy too far to imagine that the ghost of the late Lord Denning has been whispering in the ears of their Lordships Neuberger, Clarke, Sumption, Carnwath and Hodge? Possibly not, given the Denning-esque outcome in the wills “mix-up” case of Marley v Rawlings and another. The facts of the case were simple. Mr and Mrs Rawlings wanted mirror wills leaving everything to each other and thereafter to Terry Marley who they treated as a son. On 17 May 1999 their solicitor visited them with drafted wills for the purpose of execution. However, Mr Rawlings executed Mrs Rawlings’ will and vice versa. Both wrongly executed wills were witnessed by their solicitor and a secretary. Each will correctly used such relevant words as “his”, “her”, “testator” and “testatrix”.’
Halsbury’s Law Exchange, 6th February 2014
Source: www.halsburyslawexchange.co.uk
Supreme Court, 5th February 2014
‘The Supreme Court has handed down a major ruling on applications to rectify the register of town and village greens, lapses of time and the question of whether there would be a serious detriment or prejudice should an application be granted.’
Local Government Lawyer, 5th February 2014
Source: www.localgovernmentlawyer.co.uk
‘The Supreme Court is set to rule this week on two conjoined cases concerning whether it is just to de-register land registered as a town or village green when there was a legal error that led to the registration.’
Local Government Lawyer, 4th February 2014
Source: www.localgovernmentlawyer.co.uk
‘Alfred and Maureen Rawlings’ wills were contested after a clerical error saw them sign each other’s paperwork.’
Daily Telegraph, 23rd January 2014
Source: www.telegraph.co.uk
Marley v Rawlings and another [2014] UKSC 2; [2014] WLR (D) 18
A will did not have to satisfy the requirements for formal validity prescribed by section 9 of the Wills Act 1837, as amended, or have the testator’s knowledge and approval before it could be treated as a “will” which was capable of being rectified under section 20 of the Administration of Justice Act 1982.
WLR Daily, 22nd January 2014
Source: www.iclr.co.uk
Marley (Appellant) v Rawlings and another (Respondents) [2014] UKSC 2 | UKSC 2012/0057 (YouTube)
Supreme Court, 22nd January 2014
‘Equitable rectification provides a separate, distinct and interesting remedy that is available to cure errors in executed agreements. The availability of the remedy can often be critical in circumstances, for example, where the transaction requires registration at the Land Registry or third party rights and interests are affected by the agreements. In landlord and tenant and real estate transactions the remedy has been granted in a myriad of circumstances ranging from disputes about break clauses, rent review, real estate transfers or sale and leaseback agreements. Rectification in these is therefore of more than passing academic interest, its grant nullifying potentially disastrous consequences when an executed agreement incorrectly records the agreement made between the parties. ‘
Hardwicke Chambers, 5th December 2013
Source: www.hardwicke.co.uk
‘A bitter dispute between three “brothers” over who should gain a £70,000 inheritance after a couple mistakenly signed each other’s wills was brought before the Supreme Court today.’
The Independent, 3rd December 2013
Source: www.independent.co.uk
‘Role of Equity in Mistaken Transactions – Speech by the Chancellor of the High Court. ACTAPS lecture 2013, delivered 20th November 2013.’
Judiciary of England and Wales, 21st November 2013
Source: www.judiciary.gov.uk
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