News – Page 244
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Signing a will and section 9 of the Wills Act 1837
Decisions on the formalities of the execution of a will usually turn on whether the witnesses were jointly present when the testator signed or acknowledged. In the rather unusual case of Barrett v Bem [2012] EWCA Civ 52, the point in issue was whether the will was signed by the ...
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French probate
Anyone who has dealt with a probate in England will be familiar with obtaining a grant of probate if there is a will and letters of administration if there is no will. Broadly speaking in England the executors or administrators of the estate are obliged to pay any inheritance tax ...
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Negligence
Highway - Duty of highway authority AC and others v TR and another: Queen's Bench Division (Mrs Justice Slade DBE): 29 March 2012 In considering the circumstances of a road ...
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The scope of legal professional privilege
The question before Mr Justice Akenhead in Walter Lilly & Company Ltd v Mackay and another [2012] EWHC 649 (TCC) was this: does legal professional privilege (LPP) attract to documents produced by a claims consultant, even one which retains legally qualified personnel?
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Inheritance
Inheritance rights - Statutory next of kin - Adopted children - Human rights Re Erskine Trust, Gregg and another v Pigott and others: ChD (Mr Mark Herbert QC (sitting as a deputy judge of the Chancery Division)): 29 March ...
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Criminal law
Proceedings - Extradition proceedings - Court of Appeal - Jurisdiction R (on the application of Guardian News and Media Ltd) v City of Westminster Magistrates’ Court: CA (Civ Div) (Master of the Rolls Lord Neuberger of Abbotsbury, Lord Justices ...
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Criminal evidence
Admissibility - Defendant being charged, inter alia, with possession of cocaine with intent to supply - No defence being served by time of plea and case management hearing R v Newell: CA (Crim Div) (Sir Anthony May (president), Mrs ...
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Personal injury
Damages - Discount made for future pecuniary loss Simon v Helmot: Privy Council (Lords Hope, Brown, Clarke, Dyson, Lady Hale): 7 March 2012 Privy Council: In dismissing an appeal ...
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Jurisdiction
High Court - Inherent jurisdiction - Circumstances in which exercisable A Local Authority and others v DL: Court of Appeal, Civil Division (Lord Justices Maurice Kay, McFarlane and Davis): 28 March 2012 ...
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The Leveson Inquiry
The government announced plans last month to bring an end to the use of wild animals in travelling circuses in England. Great news for animal lovers concerned by the risk of mistreatment and cruelty to animals. But will it herald the demise of this unique entertainment event? If so, help ...
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Intellectual property
Equity - Confidence - Breach of confidence Force India Formula One Team Ltd v 1 Malaysia Racing Team SDN BHD and others: Chancery Division (Mr Justice Arnold): 21 March 2012 ...