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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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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