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Civil way: 23 June 2017

23 June 2017
Issue: 7751 / Categories: Features , Civil way , Procedure & practice
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119 year service; clutter clearance & picking up litigation

The ‘old ones’ are the best

My lecturer at the College of Law (before it morphed into something else and its profits were hit) assured us on introducing equity as the subject for study that it was ‘a load of nebulous c**p’. He had a point—but only to a point. Provided hands are clean, it can do a litigant a power of good. Take the equitable doctrine of exoneration, for example. You may have popped into the Court of Appeal when judgments were being delivered in Paget v Paget [1898] 1 Ch 470 which was big on exoneration. It has taken 119 years for the equity to return to the Court of Appeal in Armstrong (as Trustee in Bankruptcy of Onyearu) v Onyearu and another [2017] EWCA Civ 268.

This is how the equity works. If property is jointly owned by A and B and is charged by A to secure the debts of B only, it is presumed that A intended to enter into

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MOVERS & SHAKERS

NLJ Career Profile: Kadie Bennett, Anthony Collins

NLJ Career Profile: Kadie Bennett, Anthony Collins

Kadie Bennett, senior associate at Anthony Collins and chair of the Resolution West Midlands Group, discusses her long-standing passion for family law and calls for unity in the profession

Osborne Clarke—Lara Burch

Osborne Clarke—Lara Burch

Firm appoints new UK senior partner for 2026

Keoghs—Louise Jackson & Katie Everson

Keoghs—Louise Jackson & Katie Everson

Healthcare and sports legal team expands in the north west

NEWS
Lawyers and users of the business and property courts are invited to share their views on disclosure, in particular the operation of PD 57AD and the use of Technology Assisted Review (TAR) and artificial intelligence (AI)
Social media giants should face tortious liability for the psychological harms their platforms inflict, argues Harry Lambert of Outer Temple Chambers in this week’s NLJ
Ian Gascoigne of LexisNexis dissects the uneasy balance between open justice and confidentiality in England’s civil courts, in this week's NLJ. From public hearings to super-injunctions, he identifies five tiers of privacy—from fully open proceedings to entirely secret ones—showing how a patchwork of exceptions has evolved without clear design
The Leasehold and Freehold Reform Act 2024—once heralded as a breakthrough—has instead plunged leaseholders into confusion, warns Shabnam Ali-Khan of Russell-Cooke in this week’s NLJ
The Employment Appeal Tribunal has now confirmed that offering a disabled employee a trial period in an alternative role can itself be a 'reasonable adjustment' under the Equality Act 2010: in this week's NLJ, Charles Pigott of Mills & Reeve analyses the evolving case law
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