The SC has heard a case in which it overturned a CA decision relating to the Contracts (Rights of Third Parties) Act 1999. The decision is of significance to employment lawyers but has wider commercial application. The case summary is as follows: ‘Background to the Appeal The issue in this appeal is in what circumstances …
Continue reading “Third party – right to sue”
The SC has heard a case involving rectification of collective agreements. The press summary states: ‘Background to the Appeal This appeal raises questions about whether it is possible to rectify the written record of a collective agreement which is not a legally enforceable contract and whether contracts of employment which incorporate the terms of such …
Continue reading “Collective agreement – rectification”
By tearing up a will or otherwise destroying it intentionally, a testator can revoke their will (s20 WA 1837). A recent case concerned whether T had sufficient mental capacity to make a deathbed revocation of her will by tearing it three quarters of the way through. Her solicitor helped her tear through the rest of …
Continue reading “Wills – revocation”
The CA has heard an appeal concerning two issues arising out of a worldwide freezing order (‘WFO’) made by Bright J against the appellant, Ms dos Santos: (1) the meaning of the ‘good arguable case’ element of the test required for the grant of a freezing injunction and whether (whatever the test) the judge was …
Continue reading “Freezing injunction – good and arguable case”
The family court transparency pilots now encompass public and private law cases in the magistrates’ court across all 19 pilot areas. From 4 November 2024, accredited media may now report on such proceedings, subject to strict conditions on anonymity. Magistrates will make transparency orders limiting what can be reported. Practitioners should also note that the …
Continue reading “Transparency scheme pilots – magistrates court”
This case involved a family, two farms and promises made to one of the sons that he would inherit a farm. His parents (both now deceased) bought both farms during their marriage and owned them in equal shares. After agricultural college, RA worked with his parents in their farming business, overseeing operations at one of …
Continue reading “Proprietary estoppel – new will unconscionable”
On 30 October 2024 the SRA released its AML Annual Report 2023-24 and it should be required reading for all SRA regulated firms. In the last year the SRA has submitted 23 suspicious activity reports, performed 237 proactive inspections and 258 desk-based reviews, and brought enforcement action against a combined total of 78 firms and …
In a fact-finding hearing in care proceedings involving three children, the trial judge correctly placed M within the pool of perpetrators of injuries that had been inflicted on the youngest child. She had been unable to decide on balance whether M or her partner had inflicted the injuries. Both of them were found to have …
Continue reading “Children – pool of perpetrators; lies”
Conveyancing firms will not be surprised to read that the most risks revealed by the SRA AML report (above) relate to property work. The SRA states: ‘The area where we continue to see the most risks relating to money laundering is conveyancing. 73% of the SARs we submitted to the National Crime Agency during the …
In these private children proceedings, the court made a s8 order in an exceptional case: the child (C) was 17 years old. He had cerebral palsy and experienced associated physical and communication limitations. M was his main carer but was ‘wholly negative’ about F. At times, C expressed a clear wish to see F but …
Continue reading “Children – older child’s wishes and feelings”