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Barnes v Phillips: “the scope for inference is wide”!

Barnes v Phillips [2015] EWCA Civ 1056, handed down 23 October 2015, concerned the purchase of a property by cohabitees with no express declaration of trust (ie. the same scenario as in Stack v Dowden and Jones v Kernott). There was no express declaration in form TR1 as the property had been purchased prior to

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Bar Conference 2015

On Saturday 17th October 2015 I attended the Bar Conference. The title for this year’s conference was “The Advocate: Our role in the balance between state and citizen”. This year’s Chairman of the Bar Council, Alistair MacDonald QC, joint Head of New Park Court Chambers, Leeds, opened proceedings. He identfied that there is a “push for those

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Ilott v. Mitson: victory at last!

The decision of the Court of Appeal yesterday in Ilott v Mitson and ors [2015] EWCA Civ 797 represents a signficant development in the quantification of claims under the Inheritance (Provision for Family and Dependants) Act 1975. The ultimately successful outcome owes much to the sheer tenacity of John Collins, barrister at Zenith Chambers, without which

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Jackson LJ – Costs Budgeting Review – Lecture 17th May 2015

CONFRONTING COSTS MANAGEMENT HARBOUR LECTURE BY LORD JUSTICE JACKSON 13TH MAY 2015 On Wednesday 13th May 2015 Lord Justice Jackson delivered a lecture setting out the findings of his review of the costs management regime in civil proceedings, which has now been in place for 2 years. Jackson LJ had had detailed discussions with a number

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Curran v Collins [2015] EWCA Civ 404 handed down 29th April 2014

This long-awaited judgment by the Court of Appeal does little to clarify the legal approach to be taken in “sole-name” cases; rather it raises the issue of whether it is necessary to establish “detrimental reliance” in cases where a property is owned in the sole name of one party and also what the nature of that

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Chancery Business in the Central London County Court

A number of my recent cases have been in the Chancery Business list of the County Court at Central London. Now in its new premises in the Thomas More Building of the Royal Courts of Justice, it is extremely busy. It therefore pays to be fully prepared and provide the Court with detailed draft directions

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Davies v. Davies – the Postscript

In a previous post I considered the Court of Appeal decision in this case ([2014] EWCA Civ 568 handed down 7th May 2014). The case was remitted to the High Court in Cardiff for determination as to the appropriate remedy. Following a detailed judgment in which HH Judge Jarman QC set out all the relevant

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