Publications by Area of Law


Wills: At Your Disposal?

Barrister: John Dickinson and Natasha Dzameh
Area of Law:  Wills, Trusts and Tax
Source:  Trusts and Estates Law and Tax Journal
Date: 27th August 2016
Summary: John and Natasha have recently co-authored an article in the September edition of the Trusts and Estates Law and Tax Journal analysing the case of Amiee Shannon Steed (a Child by her litigation friend, Marilyn Joy Winn) v Christopher John Steed (2016). This was a two-day will construction trial heard in the Chancery Division of the High Court of Justice at Bristol District Registry by Mr Justice Newey. John and Natasha’s article details the key factors considered by the court in determining whether a disposition to an executor takes effect as a gift to the executor.

Download article: Wills: At Your Disposal?

Wills: At Your Disposal?

Barrister: John Dickinson and Natasha Dzameh
Area of Law:  Wills, Trusts and Tax
Source:  Trusts and Estates Law and Tax Journal
Date: 27th August 2016
Summary: John and Natasha have recently co-authored an article in the September edition of the Trusts and Estates Law and Tax Journal analysing the case of Amiee Shannon Steed (a Child by her litigation friend, Marilyn Joy Winn) v Christopher John Steed (2016). This was a two-day will construction trial heard in the Chancery Division of the High Court of Justice at Bristol District Registry by Mr Justice Newey. John and Natasha’s article details the key factors considered by the court in determining whether a disposition to an executor takes effect as a gift to the executor.

Download article: Wills: At Your Disposal?

Costs Law: A Practitioner’s Guide

Source: Wilmington Legal
Barrister: Patrick West
Area of Law:  Personal Injury
Date: 27th August 2016
Summary: Patrick is one of the author’s of the Costs Law: A Practitioner’s Guide, recently published by Wilmington Legal. Patrick’s remit was QOCS and fundamental dishonesty. This guide is essential reading for all legal practitioners who want to understand the impact of costs on their cases and clients. With contributions from a wide variety of recognised costs experts, it provides essential tips and guidance to help practitioners confront the complexities of the costs management regime, and prepare for future changes.

For more details or to purchase your copy, visit this page

Illegality: a new mess for the old one

Barrister: Nicholas Pointon
Area of Law:   Commercial Dispute Resolution
Source:  St John’s Chambers
Date: 9th August 2016
Summary: Nicholas has recently written an article about the recent Supreme Court decision on the subject of illegality, Patel v Mirza [2016] UKSC 42.

In March 2015 Nicholas presented a paper on the subject of illegality and the difficulties created by the locus poenitentiae principle which had, at that stage, recently been considered by the Court of Appeal in Patel v Mirza. Nicholas also discussed the approaches which the Supreme Court might have been expected to take when hearing the appeal from that decision. That paper can be read here. Since then the Supreme Court has heard the appeal and on 20 July 2016 delivered judgment.

It is a landmark judgment, significant both for the sweeping changes it makes to the principle of illegality and for the sheer depth of legal analysis exhibited in both the majority and minority judgments. Its ramifications go far beyond the doctrine of illegality and raise fascinating questions about the creation and development of judge-made law itself, offering an unusual insight into the jurisprudential mindsets of several key Justices.

The Crown Jewels Footnote

Source: Local Government Lawyer
Barrister: Philip Robson
Area of Law: Planning
Date: 29th July 2016
Summary: Philip Robson a member of our planning team, analyses an important High Court ruling on the operation of paragraph 14 of the National Planning Policy Framework (NPPF) in his latest article published by the Local Government Lawyer.

Download publication: The Crown Jewels Footnote

The Consumer Rights Act 2015 and personal injury litigation

Barrister: Justin Valentine
Area of Law: Personal Injury
Date: 
1st May 2016
Summary: The Consumer Rights Act 2015 (“the Act”) which came into force on 1st October 2015 is primarily a consolidating piece of legislation in the area of consumer protection although it does make substantial changes in some areas of consumer law, for example in relation to contracts for digital content.  This practice note is confined to the impact of the Act on personal injury litigation.

Download practice note: The Consumer Rights Act 2015 and personal injury litigation

Inaccurate notice of funding creates an estoppel to prevent QOCS application

Barrister: Matthew White
Area of Law: Personal Injury
Date: 
20th July 2016

Summary: In Price v. Egbert H Taylor & Company Limited the Claimant had wrongly said that a pre-1/4/13 CFA was in existence (in fact there was none). Having lost the claim he said that because there was no pre-1/4/13 CFA in existence, QOCS applied. He was estopped from doing so and the defendant is entitled to enforce the costs order against him.

For further discussion of the case click here

For further details and to download full judgment click here

Executors: A costly sibling clash

Barrister: Nicholas Pointon
Area of Law:  Wills, Trusts and Tax
Source:  Trusts and Estates Law and Tax Journal
Date: 11th July 2016
Summary: In 2015, Nicholas successfully represented the claimant in the case of Wilby v Rigby [2015] EWHC 2394 (Ch); [2015] W.T.L.R. 1845 (Ch D) in a claim to remove her brother as executor of their late mother’s estate and to substitute an independent administrator in a pre-grant application under Section 50 of the Administration of Justice Act 1985. Nicholas’ article reports on the useful points on applications for the removal of executors.

Download article: Executors – A costly sibling clash

Financial remedies pot pourri

Source: FLBA’s Family Affairs
Barrister: Christopher Sharp QC
Area of Law: Family Finance, ToLATA and Inheritance
Date: 27th June 2016
Summary:  The article continues Christopher’s regular reviews of the more important recent financial remedy cases, this one covering the period from February 2016 to mid June 2016.

Download articles:

Why are we still waiting for transparency in the family courts? 

Source: The Guardian
Barrister: Lucy Reed
Area of Law: Children
Date: 22nd June 2016
Summary: Two years ago The President of The Family Division issued “transparency” guidance concerning the publication of judgments in the Family Court. Lucy argues that this guidance is not operating as intended and that a lack of resources has frustrated the intentions behind the policy, to increase the publicly available information about the Family Courts and to enhance public understanding and confidence in the system.

View article: Why are we still waiting for transparency in the family courts?

Read full article on Lucy’s blog: Victory on secret courts?


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