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23 June 2017
Issue: 7751 / Categories: Features , Civil way , Procedure & practice
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Civil way: 23 June 2017

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

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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