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Family law: land grab on the farm?

24 May 2024 / David Burrows
Issue: 8072 / Categories: Features , Family , Property , Wills & Probate
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David Burrows reflects on the tangled legacies we leave behind
  • How does the court define what is to be paid out where an issue arises between family members as to how family property should be divided up or sold?
  • A family farm owned by parents and a son: who owns the farm on the parents’ death; and how does that affect the rights of other surviving siblings?
  • How much ‘undue influence’ on a parent, and the signing of her will, is needed to make the will invalid?

Cases on the varied circumstances of family breakdown, family partnership and property distribution are relatively rare; then in ten weeks, four cases arrived from the Court of Appeal, all looking at different points. First were Savage v Savage [2024] EWCA Civ 49, [2024] All ER (D) 07 (Feb) and Williams v Williams & ors [2024] EWCA Civ 42, [2024] 4 WLR 10, [2024] All ER (D) 21 (Feb), where judgments were handed down on the same day (1 February

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MOVERS & SHAKERS

Winckworth Sherwood—Tim Foley

Winckworth Sherwood—Tim Foley

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NEWS
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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
The Ministry of Justice is once again in the dock as access to justice continues to deteriorate. NLJ consultant editor David Greene warns in this week's issue that neither public legal aid nor private litigation funding looks set for a revival in 2026
Civil justice lurches onward with characteristic eccentricity. In his latest Civil Way column, Stephen Gold, NLJ columnist, surveys a procedural landscape featuring 19-page bundle rules, digital possession claims, and rent laws he labels ‘bonkers’
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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