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26 November 2021
Issue: 7958 / Categories: Case law , In Court , Law digest
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Law digests: 26 November 2021

Compensation—Loss of private rights

Rowland v Blades [2021] EWHC 2928 (Ch), [2021] All ER (D) 45 (Nov)

The Chancery Division allowed the appellant’s appeal, in a dispute concerning the amount that he was entitled to be paid to represent his exclusion from the use of a property between 2009 and 2015. The master had awarded £59,958, based on expert evidence of rental values as a weekend holiday let. The court held that a figure on the mid-point between the two, that was between the figure allowed by the master and the figure for half of the annual rental, amounted to a total over the six-year period in the region of £120,000. That was the figure, having regard to the way the expert had been asked to produce his valuations and to the valuations which had been produced, which came closest to the loss which the appellant had suffered on the available evidence.


Duty of care—Existence of duty

HXA v Surrey County Council; YXA (a protected party by his litigation friend, the Official Solicitor)

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MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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