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Law in 101 words

11 June 2014 / Roderick Ramage
Issue: 7610 / Categories: Features
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Snippets from The Reduced Law Dictionary by Roderick Ramage

He signs hers & she his

Mr and Mrs Rawlins made mutual wills but mistakenly he signed hers and she his, each leaving his or her estate on survivor’s death to Terry Marley, whom they treated as their son. Mr Rawlins dies after his will and his will was challenged by their natural sons, who would inherit all under his intestacy. The CA upheld the refusal of the judge to rectify the will, but the SC, in Marley v Rawlins and another (2014), held that handing the wrong wills to the testators was a clerical error capable of rectification under the Administration of Justice Act 1982, s20.

Innocent but liable

If a claim related to the publication of news-related material is made against its publisher and the publisher is a relevant publisher and is not a member of an approved regulator, s40 of the Crime and Courts Act 2013 requires the court to award costs against the publisher, unless the issues could not have been resolved by an arbitration scheme of the approved regulator

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