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Law digests: 30 July 2021

30 July 2021
Issue: 7943 / Categories: Case law , In Court , Law digest
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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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MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
Is a suspect’s state of mind a ‘fact’ capable of triggering adverse inferences? Writing in NLJ this week, Andrew Smith of Corker Binning examines how R v Leslie reshapes the debate
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
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