Publications by Area of Law


Trusts and co-ownership

Barrister: Jody Atkinson
Area of Law:  Wills, Trusts and Tax
Summary: Jody has recently written an article in the December edition of the Trusts and Estates Law and Tax Journal on the case of Ely v Robson [2016]. In 2016, Jody appeared for the successful party before the Court of Appeal in the case of Ely v Robson [2016] EWCA Civ 774. Jody upheld an oral agreement, reached on a park bench, as to how an unmarried couple owned their family home. This is an important decision in the field of proprietary estoppel and constructive trusts.

Download article: Trusts and co-ownership: no backing out now

Contract case law update – December 2016

Barrister: Natasha Dzameh and Nicholas Pointon
Area of Law:  Company and Commercial
Source: St John’s Chambers
Date: 1st December 2016
Summary: We hope you enjoyed the first and second editions of our contract case law updates. In this third edition Nick considers when commitment letters become binding following the Commercial Court’s decision in Novus Aviation v Alubaf, and when “close of business” takes place in the London commercial banking sector following the latest decision in the Lehman Brothers litigation. Natasha Dzameh reviews several recent decisions, ranging from issues of offer and acceptance considered in Arcardis Consulting v AMEC to the recovery of damages for a loss of chance in McGill v Sports and Entertainment Media Group. Emma Price  looks at the recent decision on the Brogden bankers’ claim for bonuses and considers the approach taken by the Court of Appeal to the construction of contracts.

Download December edition: Contract Law Case Law Update – December 2016

Contract case law update – December 2016

Barrister: Nicholas Pointon and Natasha Dzameh
Area of Law:  Company and Commercial
Source: St John’s Chambers
Date: 1st December 2016
Summary: We hope you enjoyed the first and second editions of our contract case law updates. In this third edition Nick considers when commitment letters become binding following the Commercial Court’s decision in Novus Aviation v Alubaf, and when “close of business” takes place in the London commercial banking sector following the latest decision in the Lehman Brothers litigation. Natasha Dzameh reviews several recent decisions, ranging from issues of offer and acceptance considered in Arcardis Consulting v AMEC to the recovery of damages for a loss of chance in McGill v Sports and Entertainment Media Group. Emma Price  looks at the recent decision on the Brogden bankers’ claim for bonuses and considers the approach taken by the Court of Appeal to the construction of contracts.

Download December edition: Contract Law Case Law Update – December 2016
Download September edition: Contract Law Case Law Update – September 2016
Download June edition: Contract Law Case Law Update – June 2016

Causation: the sum of the parts

Source: Personal Injury Law Journal
Barrister: Matthew White
Area of Law: Personal Injury
Date: 
September 2016
Summary: Matthew weighs up the ‘but for’ test and material contribution in cumulative cases in the September 2016 edition of the Personal Injury Law Journal.

Download publication: Causation: the sum of the parts

Financial remedy update

Source: FLBA’s Family Affairs
Barrister: Christopher Sharp QC
Area of Law: Family Finance, ToLATA and Inheritance
Date: 7th November 2016
Summary:  The article continues Christopher’s regular reviews of the more important recent financial remedy cases, this one covering the period from June 2016 to October 2016.

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Qader v Esure and conjoined appeal [2016] EWCA Civ 1109

Barrister: Matthew White
Area of Law: Personal Injury
Date: 
16th November 2016
Summary: Matthew provides an update in the much awaited judgment in Qader v Esure and conjoined appeal [2016] EWCA Civ 1109 which the Court of Appeal has handed down today (16th November 2016)

View detailed discussion: Qader v Esure Court of Appeal decision:- fixed costs do not apply to ex-protocol cases that are allocated to the multi-track
Download judgment: Qader v Esure and conjoined appeal 2016 EWCA civ 1109

Licensing and Planning

Source: Local Government Lawyer
Barrister: Roy Light
Area of Law: Licensing
Date: 4th November 2016

View article: Licensing and Planning

The hole in the costs regime for claims no longer continuing under the road traffic accident pre-action protocol

Barrister: Marcus Coates-Walker
Area of Law: Personal Injury 
Date: 
October 2016
Summary: Where a defendant makes an admission of liability but alleges contributory negligence (apart from a failure to wear a seat belt) a claim will no longer continue under the Protocol. If the parties settle before proceedings are issued, what are the fixed costs payable by the defendant? It will likely turn on the meaning of the phrase ‘agreed damages’. Does it mean the sum before or after a deduction for contributory negligence is made?

Download article: The hole in the costs regime for claims no longer continuing under the road traffic accident pre action protocol

Costs budgeting in personal injury claims

Barrister: Justin Valentine
Area of Law: Personal Injury 
Date:
October 2016
Summary: Justin discusses the inherent difficulties of costs budgeting and the on-going amendments being made to the scheme to try to make it work better. Costs budgeting was intended to bring both the procedural steps to be taken and the costs to be incurred in complex cases under the management of the Court. However, litigation is uncertain, unforeseen costs will and do arise and judges have shown little inclination to manage the steps to be taken, merely the costs. How is a solicitor to cope with these contradictions and what is the best approach to take in relation to revising a budget?

Download article: Costs budgeting in personal injury claims

One man’s inference is another man’s imputation: logic theory and legal practice in TOLATA 1996 claims

Source: Family Law
Barrister: Andrew Commins
Area of Law: Family Finance
Date: 31st October 2016

Andrew Commins provides an analysis of recent case law on the difference between inference and imputation in TOLATA judgments

View full article: One man’s inference is another man’s imputation: logic theory and legal practice in TOLATA 1996 claims


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