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Law digests: 15 September 2023

15 September 2023
Issue: 8040 / Categories: Case law , In Court , Law digest
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Appeal

Bowser v Smith [2023] EWCA Civ 923, [2023] All ER (D) 106 (Aug)

The Court of Appeal, Civil Division, dismissed an appeal from a cost decision of a judge. A dispute had come before the judge on the hearing of an application for interim relief in proceedings brought by the claimant, one of the original executors of a will seeking the removal of the other executor. With some encouragement from the judge, an agreement was quickly reached. Both original executors of the will were removed and replaced with an independent administrator. The question of costs remained outstanding and in dispute. The judge made a costs order adverse to the claimant. The judge felt that the claimant’s conduct in bringing and pursuing the proceedings had not been a reasonable and proper exercise of his powers as personal representative. The claimant appealed with six grounds of appeal. The costs order had fallen comfortably within the wide scope of the judge’s discretion, and the claimant had been unable to show that, in all the circumstances, it had produced a result which was ‘manifestly unjust’

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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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