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30 July 2021
Issue: 7943 / Categories: Case law , In Court , Law digest
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Law digests: 30 July 2021

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Administration of estates

Pall Mall 3 Ltd v Network Rail and another [2021] EWHC 1835 (Ch), [2021] All ER (D) 72 (Jul)

The Chancery Division considered whether dominant land with the benefit of an established easement of drainage would lose an easement upon escheat occurring on disclaimer of the freehold title. The court held that the fee simple estate in issue came to an end on escheat, but the land registered under that title did not, and neither did the derivative interests. The easement of drainage had remained attached to the land.

Family proceedings

A v A (arbitration: guidance) [2021] EWHC 1889 (Fam), [2021] All ER (D) 54 (Jul)

In the course of the wife’s application, following the party’s divorce, for the husband to show cause as to why he should not be held to the terms of an arbitration award, and following the husband’s application to challenge the award pursuant s 68 of the Arbitration Act 1996, the Family Division, in dismissing the husband’s application, held that the

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NEWS
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NLJ this week: Mazur and more—inside the litigation frontline

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

NLJ this week: Social media bans for children spark legal dilemmas
Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
NLJ this week: Leasehold reform risks creating ‘forgotten freeholders’
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
NLJ this week: Court of Appeal clarifies when a claim truly begins
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
NLJ this week: Split FDRs could ease pressure—and boost settlements
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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