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31 January 2014
Issue: 7592 / Categories: Case law , Law digest , In Court
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Wills

Marley v Rawlings and another [2014] UKSC 2, [2014] All ER (D) 132 (Jan)

Section 21(1) of the Administration of Justice Act 1982 confirmed that a will should be interpreted in the same way as a contract, a notice or a patent. In particular, s 21(1)(c) showed that “evidence” was admissible when construing a will, and that that included the “surrounding circumstances”. However, s 21(2) went further. It indicated that, if one or more of the three requirements set out in s 21(1) was satisfied, then direct evidence of the testator’s intention was admissible, in order to interpret the will in question. Accordingly, save where s 21(1) applied, a will was to be interpreted in the same way as any other document, but, in addition, in relation to a will, or a provision in a will, to which s 21(1) applied, it was possible to assist its interpretation by reference to evidence of the testator’s actual intention.

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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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