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12 February 2016 / Steve Evans
Issue: 7686 / Categories: Features , Wills & Probate
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Mountain or molehill?

A small earthquake…or just business as usual? Steve Evans reports on the impact of Ilott v Mitson

It is said that mid-summer is “the silly season” for reporting of news, when stories about somewhat less than momentous happenings take up the space occupied by more weighty news items at other times of the year. So it was that in mid-summer last year, in the dying days of July, a technical Court of Appeal decision, concerned more with entitlement to state benefits than with controversy, received much more media attention than most Court of Appeal decisions. Reports on the BBC Today programme, and headlines in many newspapers of the “shock, horror” variety—such as “A court ruling has cast doubt on the sanctity of our final wishes” and “Where there’s a will, there’s a way to betray the deceased” (both in The Sunday Times, 2 August 2015) followed the Court of Appeal decision in Ilott v Mitson [2015] EWCA Civ 797, [2015] All ER (D) 290 (Jul). It also has to be said that the outrage of certain

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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