Christopher Sharp QC explains why Knauer v Ministry of Justice marks a fundamental change in claims for future loss of dependency in fatal accident cases ‘The decision in Knauer was not unexpected but it is to be welcomed. It is to be hoped that a similar opportunity to have the Supreme Court review the position …
Continue reading "Legal Principle: Overturning the Cookson defect"
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James Counsell and Ben Bradley discuss the legal implications of the decision in A v The Trustees of the Watchtower Bible and Tract Society [2015] and some practical learning points arising from their involvement in the case ‘The duty of care in any safeguarding claim is likely to turn upon the issue of the assumption …
Continue reading "Abuse: Is vicarious liability really ‘on the move’?"
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Wills & Trusts Law Reports | May 2015 #149Jimmy Savile died in October 2011. His will dated 24 July 2006 named NatWest as his executor and left the residue of his estate to the Jimmy Savile Charitable Trust (the trust) which he had created in 1984. Probate was obtained on 8 March 2012 with a net estate of £4.3m. The bank placed s27 Trustee Act adverts on 5 January 2012.
Following an ITV programme broadcast on 4 October 2012 accusing Mr Savile of being a serial sex offender, NatWest began to receive letters from potential claimants seeking compensation from the estate. NatWest quickly appreciated that the estate c...
Limitation; discretion; burden of proof It should not be necessary for judges in the county court to engage in textual analysis of a series of appellate decisions in order to discern whether a claimant relying on s33 had a ‘burden’ or a ‘heavy burden’ to discharge. This case helpfully provides a final answer to the …
Continue reading "Case Report: Sayers v Chelwood & anor [2012] EWCA Civ 1715"
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Philip Turton provides practical advice for claimants and defendants ‘In a case where the claimant has not issued proceedings in time, an appropriate paragraph in the defence identifying that fact, and pleading expressly that the claim is statute-barred by s11(4) of the Limitation Act 1980, should be enough to “get the ball into play”.’The expiry …
Continue reading "Burden Of Proof: Pleading limitation"
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