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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

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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MOVERS & SHAKERS

42BR Barristers—4 Brick Court

42BR Barristers—4 Brick Court

42BR Barristers to be joined by leading family law set, 4 Brick Court, this summer

Winckworth Sherwood—Rubianka Winspear

Winckworth Sherwood—Rubianka Winspear

Real estate and construction energy offering boosted by partner hire

Gateley Legal—Daniel Walsh

Gateley Legal—Daniel Walsh

Firm bolsters real estate team with partner hire in Birmingham

NEWS
A wave of housing and procedural reforms is set to test the limits of tribunal capacity. In his latest Civil Way column for NLJ this week, Stephen Gold charts sweeping change as the Renters’ Rights Act 2025 begins biting
Plans to reduce jury trials risk missing the real problem in the criminal justice system. Writing in NLJ this week, David Wolchover of Ridgeway Chambers argues the crown court backlog is fuelled not by juries but weak cases slipping through a flawed ‘50%’ prosecution test
Emerging technologies may soon transform how courts determine truth in deeply personal disputes. In this week's NLJ, Madhavi Kabra of 1 Hare Court and Harry Lambert of Outer Temple Chambers explore how neurotechnology could reshape family law
A controversial protest case has reignited debate over the limits of free expression. In NLJ this week, Nicholas Dobson examines a Quran-burning incident testing public order law
The courts have drawn a firm line under attempts to extend arbitration appeals. Writing in NLJ this week, Masood Ahmed of the University of Leicester highlights that if the High Court refuses permission under s 68 of the Arbitration Act 1996, that is the end
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