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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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MOVERS & SHAKERS

Slater Heelis—Probate & Court of Protection team

Slater Heelis—Probate & Court of Protection team

Slater Heelis brings Probate and Court of Protection expertise together with new dedicated team

Clarke Willmott—Antonia Power

Clarke Willmott—Antonia Power

Antonia Power joins Clarke Willmott in Taunton

Haynes Boone—Chris Acton

Haynes Boone—Chris Acton

Chris Acton joins Haynes Boone as chair of UK derivatives platform

NEWS
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
Workplace bullying and harassment can no longer be left solely to HR, as financial regulation scrutinises culture, character and fitness
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