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Law digests: 15 September 2023

15 September 2023
Issue: 8040 / Categories: Case law , In Court , Law digest
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Appeal

Bowser v Smith [2023] EWCA Civ 923, [2023] All ER (D) 106 (Aug)

The Court of Appeal, Civil Division, dismissed an appeal from a cost decision of a judge. A dispute had come before the judge on the hearing of an application for interim relief in proceedings brought by the claimant, one of the original executors of a will seeking the removal of the other executor. With some encouragement from the judge, an agreement was quickly reached. Both original executors of the will were removed and replaced with an independent administrator. The question of costs remained outstanding and in dispute. The judge made a costs order adverse to the claimant. The judge felt that the claimant’s conduct in bringing and pursuing the proceedings had not been a reasonable and proper exercise of his powers as personal representative. The claimant appealed with six grounds of appeal. The costs order had fallen comfortably within the wide scope of the judge’s discretion, and the claimant had been unable to show that, in all the circumstances,

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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

Kingsley Napley—Tim Lowles

Kingsley Napley—Tim Lowles

Sports disputes practice launchedwith partner appointment

mfg Solicitors—Tom Evans

mfg Solicitors—Tom Evans

Tax and succession planning offering expands with returning partner

NEWS
The rank of King’s Counsel (KC) has been awarded to 96 barristers, and no solicitors, in the latest silk round
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
Early determination is no longer a novelty in arbitration. In NLJ this week, Gustavo Moser, arbitration specialist lawyer at Lexis+, charts the global embrace of summary disposal powers, now embedded in the Arbitration Act 1996 and mirrored worldwide. Tribunals may swiftly dismiss claims with ‘no real prospect of succeeding’, but only if fairness is preserved
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