header-logo header-logo

16 October 2014
Issue: 7626 / Categories: Case law , Law digest , In Court
printer mail-detail

Will

Marley v Rawlings and another [2014] UKSC 51, [2014] All ER (D) 135 (Sep)

The proceedings concerned a dispute over the validity of the deceased’s will, which had, due to an oversight by a solicitor (the solicitor), been signed by his wife. The claimant was the beneficiary under the will, if it was valid. The defendants were the deceased’s children. Following an earlier judgment allowing the claimant’s appeal from a decision in the Court of Appeal, Civil Division, the Supreme Court considered the construction of conditional fee agreements and further held that the right order to make was that the solicitor’s insurers pay the costs of the proceedings of the claimant up to and including the Supreme Court and of the defendants up to and including the appeal to the Court of Appeal. Further orders were made. 

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

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’ 
back-to-top-scroll