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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

Red Lion Chambers—Maurice MacSweeney

Red Lion Chambers—Maurice MacSweeney

Set creates new client and business development role amid growth

Winckworth Sherwood—Charlie Hancock

Winckworth Sherwood—Charlie Hancock

Private wealth and tax offering bolstered by partner hire

Browne Jacobson—Matthew Kemp

Browne Jacobson—Matthew Kemp

Firm grows real estate team with tenth partner hire this financial year

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Neurotechnology is poised to transform contract law—and unsettle it. Writing in NLJ this week, Harry Lambert, barrister at Outer Temple Chambers and founder of the Centre for Neurotechnology & Law, and Dr Michelle Sharpe, barrister at the Victorian Bar, explore how brain–computer interfaces could both prove and undermine consent
Comparators remain the fault line of discrimination law. In this week's NLJ, Anjali Malik, partner at Bellevue Law, and Mukhtiar Singh, barrister at Doughty Street Chambers, review a bumper year of appellate guidance clarifying how tribunals should approach ‘actual’ and ‘evidential’ comparators. A new six-stage framework stresses a simple starting point: identify the treatment first
In cross-border divorces, domicile can decide everything. In NLJ this week, Jennifer Headon, legal director and head of international family, Isobel Inkley, solicitor, and Fiona Collins, trainee solicitor, all at Birketts LLP, unpack a Court of Appeal ruling that re-centres nuance in jurisdiction disputes. The court held that once a domicile of choice is established, the burden lies on the party asserting its loss
Can a chief constable be held responsible for disobedient officers? Writing in NLJ this week, Neil Parpworth, professor of public law at De Montfort University, examines a Court of Appeal ruling that answers firmly: yes
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