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17 July 2015 / Dominic Regan
Issue: 7661 / Categories: Features , Profession
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Strange but true

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Dominic Regan steps back in time & sweeps through the evidence at hand

A boy climbed up a chimney. In 1722 he went to court as a direct result. His case has recently been invoked in a number of significant decisions. How strange is that?

Every litigator needs to appreciate the principle established in Armoury v Delamaire (1722) and more recently extended. It touches upon phone hacking, professional negligence, injury liability and any matter where potentially illuminating evidence has been “lost”.

Armoury itself is a fascinating tale. The boy, employed by a sweep, ascended a chimney and there found a gem that had been hidden in the flue. He took it to the defendant in order to have his discovery valued. The scoundrel swiped the stone, precluding an accurate assessment of its value. In a terse judgment, shorter than the introductory comments in any and every case now, it was declared that: “As to the value of the jewel, several of the trade were examined to prove what a jewel of the finest

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Haynes Boone—Louise Woods

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Shakespeare Martineau appoints newly qualified solicitors

NEWS
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
More than 500 former rugby players can pursue brain injury claims despite serious failures to disclose documents ordered by the High Court
MPs cannot simply resign their Commons seats. Instead, they take a nominal Crown office, usually the Chiltern Hundreds or Manor of Northstead, which disqualifies them from sitting
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
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