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30 July 2021
Issue: 7943 / Categories: Case law , In Court , Law digest
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Law digests: 30 July 2021

Administration of estates

Pall Mall 3 Ltd v Network Rail and another [2021] EWHC 1835 (Ch), [2021] All ER (D) 72 (Jul)

The Chancery Division considered whether dominant land with the benefit of an established easement of drainage would lose an easement upon escheat occurring on disclaimer of the freehold title. The court held that the fee simple estate in issue came to an end on escheat, but the land registered under that title did not, and neither did the derivative interests. The easement of drainage had remained attached to the land.


Family proceedings

A v A (arbitration: guidance) [2021] EWHC 1889 (Fam), [2021] All ER (D) 54 (Jul)

In the course of the wife’s application, following the party’s divorce, for the husband to show cause as to why he should not be held to the terms of an arbitration award, and following the husband’s application to challenge the award pursuant s 68 of the Arbitration Act 1996, the Family Division, in dismissing the husband’s application, held that the award was not ‘wrong’. Further, in an appendix to the judgment,

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

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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