Publications Archive


Supreme Court hold Local Authority vicariously liable for abuse by foster parents

Barrister: Marcus Coates-Walker
Area of Law: Personal Injury
Summary: Marcus Coates-Walker, reports on the recent case of Armes v Nottinghamshire County Council [2017] UKSC 60, regarding care of the appellant by the respondent local authority from the ages of 7 to 18.

View/download full article: Supreme Court hold Local Authority vicariously liable for abuse by foster parents

The family court’s jurisdiction to direct the burial of a child: Re K

Barrister: Christopher Sharp QC
Area of Law: Children
Source: Family Law Journal

Date: August 2017
Summary:  Christopher Sharp QC, who is acknowledged by Chambers UK as one of only five star Silks in Family Law in the country,  has written an article for the August edition of the Family Law Journal, reviewing the recent case of Re K (A Child : deceased) [2017] EWHC 1083 (Fam).

Download article: The family court’s jurisdiction to direct the burial of a child: Re K

Mutual Wills: the case of Legg and Burton v Burton and others A proprietary estoppel solution to replace the need for a binding contract?

Barrister: John Dickinson
Area of Law:  Wills, Trusts & Tax
Date: 14 August 2017
Summary: The case contains a useful summary of the mutual wills doctrine. HHJ Matthews considered submissions made on the fallibility of memory, referring to the decision of Leggatt J in Blue v Ashley [2017] EWHC 1928 (Comm) and he analysed the evidence in terms of its inherent probability and the plausibility of the Claimants’ case. HHJ Matthews finds a proprietary estoppel route around the problem in the much criticised case of Healey v Brown [2002] EWHC 1405 (Ch), in which section 2 of the Law of Property (Miscellaneous Provisions) Act 1989 was held to prevent a binding contract from arising for a specific gift of an interest in land and this in turn prevented a mutual wills constructive trust from being established. There is an interesting analysis of when a mutual wills constructive trust crystallises.  HHJ Matthews considered that in a mutual wills case the constructive trust would generally arise on the death of the second testator, unless the agreement made between them had some term providing to the contrary. He considered whether the mutual wills constructive trust satisfied the so-called ‘three certainties’ rule, being (1) the intention to make a gift, (2) over what property and (3) who to. HHJ Matthews explains that the ‘three certainties’ rule is not a rule about trust law but rather a rule about property law, and that trusts being part of property law must follow that rule.  The judgment is available here.

Download article: Mutual Wills: the case of Legg and Burton v Burton and others – A proprietary estoppel solution to replace the need for a binding contract?  

Catalano v Espley-Tyas Development Group Ltd [2017] EWCA Civ 1132

Barrister: Darren Lewis

Darren analyses the recent Court of Appeal case of Catalano v Espley-Tyas Development Group Ltd [2017] EWCA Civ 1132, which overturns the Court’s findings in the case of Julie Casseldine v Diocese of Llandaff Board for Social Responsibility (a charity) (2015).

Click here to read the full case: Catalano v Espley-Tyas Development Group Ltd [2017] EWCA Civ 1132

Read the full article: New Court of Appeal Judgment provides clarity on QOCS – Darren Lewis of St John’s Chambers – 31 07 17. pdf

 

Family Affairs June 2017 | Summer Edition | Financial Remedy update (04.03.17 – 13.06.17)

Barrister: Christopher Sharp QC
Area of Law: Family Finance, ToLATA and Inheritance
Source: FLBA’s Family Affairs: June 2017                                                                                     Date: March 2017
Summary:  The article continues Christopher’s regular reviews of the more important recent financial remedy cases, this one covering the period from March 2017 to June 2017.

Download article: Family Affairs June 2017 | Summer Edition | Financial Remedy update (04.03.17 – 13.06.17)