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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

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

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
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
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’ 
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