Are juries being blinded by science? – The Guardian

Posted October 15th, 2014 in criminal justice, expert witnesses, forensic science, juries, Law Commission, news by sally

‘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.’

Full story

The Guardian, 15th October 2014


Property gifts in contemplation of death: Donatio mortis causa – Hardwicke Chambers

Posted October 15th, 2014 in animals, charities, gifts, news, wills by sally

‘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.”’

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Hardwicke Chambers, 25th September 2014


To litigate or not to litigate in claims involving wills: practical points for charities – New Square Chambers

Posted October 15th, 2014 in animals, appeals, charities, families, gifts, news, wills by sally

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


The Costs of Complexity: A Practical View from the Bar – Littleton Chambers

Posted October 15th, 2014 in appeals, costs, human rights, news, nuisance, Supreme Court by sally

‘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.’

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Littleton Chambers, 3rd October 2014


Will it be enough? – Zenith Chambers

Posted October 15th, 2014 in families, intestacy, married persons, news, trusts, wills by sally

‘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


Save the date! – New Square Chambers

Posted October 15th, 2014 in families, intestacy, married persons, news, trusts, wills by sally

‘‘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


VAT on property transfers and hierarchy clauses: CLP Holding Company – Hardwicke Chambers

Posted October 15th, 2014 in contracts, news, sale of land, VAT by sally

‘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.’

Full story

Hardwicke Chambers, 8th October 2014


Rectification of Wills Following Marley v Rawlings – No. 5 Chambers

Posted October 15th, 2014 in appeals, documents, news, rectification, Supreme Court, wills by sally

‘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.’

Full story

No. 5 Chambers, 15th October 2014


Public Access Work For The Young Bar – No. 5 Chambers

Posted October 15th, 2014 in advocacy, barristers, legal profession, news, solicitors by sally

‘“The Times They Are A-Changing” wrote Bob Dylan in 1963. Is public access (PA) a reinvention of the wheel or an opportunity for all lawyers? The work that barristers can now do is utterly different from a decade ago. The growth of McKenzie friends shows the legal landscape has been affected by financial constrictions and widening consumer choice. Solicitors have higher rights of audience and employed barristers can be advocates. Professionals from both sides wonder whether there is still a real difference. The answer currently is that there remain significant differences though the edges are becoming blurred. This article will not examine those differences or likely future of the professions. Instead it offers an insight to how barristers, especially young barristers willing to embrace change, can help their future while continuing to work with solicitors.’

Full story

No. 5 Chambers, 2nd October 2014


Causes of action in claims against banks for missold swaps: Bailey Trading v Barclays Bank – Hardwicke Chambers

Posted October 15th, 2014 in banking, financial regulation, interest, loans, news by sally

‘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.’

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Hardwicke Chambers, 19th September 2014


Binning the smoke alarm: Why repealing the Human Rights Act would be the biggest mistake of a generation – Doughty Street Chambers

‘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.’

Full story

Doughty Street Chambers, 3rd October 2014


Zero Hours – A Zero Sum game? – Cloisters

Posted October 15th, 2014 in contracts, employment, news by sally

‘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


Catastrophic Claims – Costs Consequences of Life After Jackson – Byrom Street Chambers

Posted October 15th, 2014 in costs, damages, news, personal injuries by sally

‘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


EVENT: The Inner Temple and The Advocacy Training Council – Working with Vulnerable Witnesses: Advocacy Training Day

Posted October 15th, 2014 in Forthcoming events by sally

“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.

BAILII: Recent Decisions

Posted October 15th, 2014 in law reports by sally

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)

Tesco Stores Ltd, R (on the Application of) v Forest of Dean District Council & Ors [2014] EWHC 3348 (Admin) (14 October 2014)

Duggan, R (on the Application of) v HM Assistant Deputy Coroner for the Northern District of Greater London & Ors [2014] EWHC 3343 (Admin) (14 October 2014)

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)


Law in Action at 30 – BBC Law in Action

Posted October 15th, 2014 in news by sally

‘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


Recent Statutory Instruments –

Posted October 15th, 2014 in legislation by sally

The Social Security Class 3A Contributions (Amendment) Regulations 2014

The Value Added Tax (Place of Supply of Services) (Exceptions Relating to Supplies Not Made to Relevant Business Person) Order 2014

The Anti-social Behaviour, Crime and Policing Act 2014 (Commencement No. 7, Saving and Transitional Provisions) (Amendment) Order 2014

The Civil Legal Aid (Financial Resources and Payment for Services) (Amendment) (No. 2) Regulations 2014


Command Papers – GOV.UK

Posted October 15th, 2014 in parliamentary papers by sally

European Union No.4 (2014), Cm 8942

The parties’ published proposals on further devolution for Scotland, Cm 8946


Pilot jailed for £30m mortgage fraud – BBC News

Posted October 15th, 2014 in accountants, conspiracy, fraud, mortgages, news, sentencing, solicitors by sally

‘A former Virgin Atlantic pilot has been jailed for 14 years for committing a £30m mortgage fraud in Berkshire.’

Full story

BBC News, 14th October 2014


The Rule of Law and the Future of the Sector – Attorney General’s Office

‘Attorney General speech to London Law Expos on the UK’s long commitment to the Rule of Law.’

Full story

Attorney General’s Office, 14th October 2014