Category: mistake

Marley v Rawlings (No 2) – WLR Daily

Posted October 2nd, 2014 in appeals, costs, fees, law reports, mistake, rectification, solicitors, Supreme Court, wills by tracey

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

Insurer to bear costs of mirror wills mix-up – Law Society’s Gazette

Posted September 19th, 2014 in appeals, costs, insurance, mistake, news, rectification, solicitors, Supreme Court, wills by tracey

‘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.’

Full story

Law Society’s Gazette, 18th September 2014

Source: www.lawgazette.co.uk

Prisoner Anthony Douglas accidentally released because of shared surname – The Guardian

Posted July 8th, 2014 in inquiries, mistake, news, prisons, release on licence by tracey

‘Inquiry launched into how man with same surname as another inmate due to come out came to be released from HMP Hewell.’

Full story

The Guardian, 7th July 2014

Source: www.guardian.co.uk

Law on hospital blame ‘does not go far enough’ – The Independent

Posted March 10th, 2014 in health, hospitals, inquiries, mistake, news by sally

‘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.’

Full story

The Independent, 9th March 2014

Source: www.independent.co.uk

Wills “mix-up” case – no reason for a flood of litigation – Halsbury’s Law Exchange

Posted February 7th, 2014 in mistake, news, rectification, solicitors, wills by tracey

‘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”.’

Full story

Halsbury’s Law Exchange, 6th February 2014

Source: www.halsburyslawexchange.co.uk

Adamson (FC) (Appellant) v Paddico (267) Limited (Respondent); Mrs Gill Taylor (on behalf of the Society for the Protection of Markham and Little Francis) (Appellant) v Betterment Properties (Weymouth) Limited (Respondent) – Supreme Court

Posted February 6th, 2014 in appeals, commons, delay, land registration, law reports, local government, mistake, planning, rectification, Supreme Court by sally

Adamson (FC) (Appellant) v Paddico (267) Limited (Respondent); Mrs Gill Taylor (on behalf of the Society for the Protection of Markham and Little Francis) (Appellant) v Betterment Properties (Weymouth) Limited (Respondent) [2014] UKSC 7 (YouTube)

Supreme Court, 5th February 2014

Source: www.youtube.com/user/UKSupremeCourt

Supreme Court in key ruling on village greens and rectification – Local Government Lawyer

Posted February 6th, 2014 in appeals, commons, delay, land registration, local government, mistake, news, planning, rectification by sally

‘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.’

Full story

Local Government Lawyer, 5th February 2014

Source: www.localgovernmentlawyer.co.uk

Regina v Mackle (Patrick); Regina v Mackle (Plunkett Jude); Regina v Mackle (Benedict); Regina v McLaughlin (Henry) – WLR Daily

Posted February 5th, 2014 in confiscation, consent, joint enterprise, law reports, mistake, proceeds of crime by sally

Regina v Mackle (Patrick); Regina v Mackle (Plunkett Jude); Regina v Mackle (Benedict); Regina v McLaughlin (Henry) [2014] UKSC 5; [2014] WLR (D) 40

‘The fact that a confiscation order had been made by consent did not preclude a defendant from appealing against it on the ground that the consent had been based on a mistake of law as a result of wrong legal advice.’

WLR Daily, 29th January 2014

Source: www.iclr.co.uk

Supreme Court to rule on deregistration of town and village greens – Local Government Lawyer

Posted February 4th, 2014 in appeals, commons, land registration, local government, mistake, news, rectification, Supreme Court by sally

‘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.’

Full story

Local Government Lawyer, 4th February 2014

Source: www.localgovernmentlawyer.co.uk

Supreme Court rules will is valid despite admin error – Daily Telegraph

Posted January 24th, 2014 in appeals, mistake, news, rectification, Supreme Court, wills by sally

‘Alfred and Maureen Rawlings’ wills were contested after a clerical error saw them sign each other’s paperwork.’

Full story

Daily Telegraph, 23rd January 2014

Source: www.telegraph.co.uk

Marley v Rawlings and another – WLR Daily

Posted January 23rd, 2014 in appeals, law reports, mistake, rectification, solicitors, Supreme Court, wills by sally

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) – Supreme Court

Posted January 23rd, 2014 in appeals, law reports, mistake, rectification, solicitors, Supreme Court, wills by sally

Marley (Appellant) v Rawlings and another (Respondents) [2014] UKSC 2 | UKSC 2012/0057 (YouTube)

Supreme Court, 22nd January 2014

Source: www.youtube.com/user/UKSupremeCourt

A note on equitable rectification – Hardwicke Chambers

Posted December 12th, 2013 in equity, mistake, news, rectification by sally

‘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. ‘

Full story

Hardwicke Chambers, 5th December 2013

Source: www.hardwicke.co.uk

Dispute over ‘botched’ £70,000 family will signed by the wrong spouses reaches Supreme Court – The Independent

Posted December 4th, 2013 in mistake, news, rectification, Supreme Court, wills by sally

‘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.’

Full story

The Independent, 3rd December 2013

Source: www.independent.co.uk

Role of Equity in Mistaken Transactions – Speech by the Chancellor of the High Court

Posted November 25th, 2013 in causation, contracts, equity, mistake, rectification, restitution, speeches, trusts by tracey

‘Role of Equity in Mistaken Transactions – Speech by the Chancellor of the High Court. ACTAPS lecture 2013, delivered 20th November 2013.’

Full speech

Judiciary of England and Wales, 21st November 2013

Source: www.judiciary.gov.uk

Opening Up Mistake – New Square Chambers

Posted July 22nd, 2013 in appeals, mistake, news, Supreme Court, trusts by sally

“Robin Mathew’s article above discusses the decision of the Supreme Court in Pitt v Holt and Futter v Futter so far as it dealt with ‘inadequate consideration’ by trustees. But the court also dealt with the general law of mistake in dispositions of property. Here it disagreed with the Court of Appeal.”

Full story (PDF) (see p. 2)

New Square Chambers, June 2013

Source: www.newsquarechambers.co.uk

Death crash footballer freed from jail in error – The Guardian

Posted July 2nd, 2013 in careless driving, homicide, mistake, news, prisons by sally

“An investigation is under way into how a footballer who killed two people in a car crash was mistakenly freed from jail.”

Full story

The Guardian, 1st July 2013

Source: www.guardian.co.uk

UK Uncut loses: Taxman’s Goldman Sachs deal “not a glorious episode”, but lawful – UK Human Rights Blog

Posted May 22nd, 2013 in disclosure, HM Revenue & Customs, maladministration, mistake, news, tax avoidance, whistleblowers by sally

“Tax avoidance has hit the news again, with Apple currently facing questions from the US Senate about its exploitation of Irish company law loopholes and David Cameron writing to offshore tax havens to push for more transparency over tax rules. As it happens, the High Court has just handed down a ruling in a case which raises many of the same issues.”

Full story

UK Human Rights Blog, 22nd May 2013

Source: www.ukhumanrightsblog.com

Doubling in innocent people branded criminals by Criminal Records Bureau – Daily Telegraph

Posted May 22nd, 2013 in criminal records, mistake, news, statistics by sally

“Hundreds of innocent people could have been given criminal records last year, more than double the previous year, new figures show.”

Full story

Daily Telegraph, 21st May 2013

Source: www.telegraph.co.uk

Shurely shome mishtake? – 4 New Square

Posted May 21st, 2013 in mistake, news, setting aside, Supreme Court, taxation, trusts by sally

“The Supreme Court’s decision on mistake and the flawed exercise of discretion by trustees, and the impact of the decision on professional advisers and their insurers.”

Full story (PDF)

4 New Square, 17th May 2013

Source: www.4newsquare.com