Blog
Anaghara v Anaghara & Ors [2020] EWHC 3091
Proprietary Estoppel and the Matrimonial Home on the Death of a Spouse – Anaghara v Anaghara & Ors [2020] EWHC 3091 It is rare that a spouse needs to pursue a claim in proprietary estoppel to secure occupation of a matrimonial home owned by the other spouse on the latter’s death: the Inheritance (Provision for […]
Haley v Haley [2020] EWCA Civ 1369
Case Summary Haley v Haley [2020] EWCA Civ 1369 Facts W made an application for financial relief through the normal court process, with an unsuccessful FDR. The parties were unable to settle and the matter was set down for a final hearing. A week before the date of the final hearing, the parties were told there […]
Why was Ceon Broughton’s conviction quashed?
Introduction The quashing of Ceon Broughton’s conviction was met with indignation. The well-publicised tragedy of Louella Fletcher-Michie’s death, and Ceon Broughton’s subsequent trial, has cemented a number of conclusions in the court of public opinion. This article will set out why the Court of Appeal decided to overturn Mr Broughton’s conviction for manslaughter. […]
R v AD [2020] EWCA Crim 849
In R v AD [2020] EWCA Crim 849 the Court of Appeal quashed Mr D’s convictions for sexual assault and assault by penetration after hearing fresh evidence which undermined the medical evidence which had led to the prosecution. The case joins a long list of seemingly water-tight convictions subsequently quashed on appeal after the expert […]
How can the backlog be addressed?
It is no secret that the effects of COVID 19 have had a substantially detrimental effect on the “flow” of cases through the Crown Court. Prior to the lockdown, approximately 39,000 cases were waiting to be heard; now, five months on, there are well over 41,000 by most estimates. Some trials are being listed as […]
John’s Campaign – Fighting for the Rights of Care Home Residents
John’s Campaign has been fighting for changes to the way our care homes operate since 2014, with the belief that carers should not just be allowed in, but should be welcomed. On September 9th, John’s Campaign launched a legal challenge against the Government’s guidance on care home visits during the coronavirus pandemic. Jennifer Lee, Co-Head […]
ThoughtLeaders4 HNW Divorce: The Legal Implications of Donor Insemination
From single-parent families to “blended” or extended family units, whether they be same-sex parents or opposite-sex parents, the concept of the “nuclear family” has become less prevalent, and less apt, to describe modern families in the 21st century. Today’s modern family structures include those where children are created through assisted reproductive technologies and encompass sperm/ […]
Claire Lewis v Philip Clarke & Anor [2020] EWHC 1975 (ChD)
Claire Lewis v Philip Clarke & Anor [2020] EWHC 1975 (ChD) A recent case of interest to commercial and family practitioners discussing the broad discretion the court has when approaching the valuation of shares in the context of an order for the purchase of shares following a S.994 Companies Act 2006 unfair prejudice petition; in […]
Capacity and serious medical treatment
Capacity and serious medical treatment: University Hospital Coventry and Warwickshire NHS Trust v K & Mrs W Introduction This case concerned a young woman, K, who was assessed to lack capacity. K was diagnosed with cancer. The proposed treatment was “complex”, “intrusive” and was described as a “life-altering complexion”. An urgent application was brought to […]
Murder, Manslaughter and the Court of Public Opinion
Following the verdict of manslaughter returned against three defendants for the killing of PC Andrew Harper, news broke on 29th July 2020 that his widow had written to the Prime Minister to ask for a retrial after the jury failed to convict the three of murder. In the now infamously tragic case, PC Harper, a […]
Misuse of private information: A tort in its infancy
There has been an avalanche of commentary on the recent decision of the Supreme Court in WM Morrison Supermarkets plc v Various Claimants [2020] UKSC 12[1]. The case has provided some welcome guidance on vicarious liability in the wake of the earlier decision of Mohamud v WM Morrison Supermarkets plc [2016] UKSC 11[2], and also […]
The Magnitsky Act in the UK – A summary
Who was Sergei Magnitsky? Sergei Magnitsky, whose name is associated with laws implemented to impose sanctions on abusers of human rights, was a Russian tax advisor who died in police custody in 2009. He was arrested and charged on allegations of tax evasion after accusing Russian tax officials of defrauding Hermitage Capital Management, an investment […]
