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

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

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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