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16 October 2014
Issue: 7626 / Categories: Case law , Law digest , In Court
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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. 

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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