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12 February 2016 / Steve Evans
Issue: 7686 / Categories: Features , Wills & Probate
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Mountain or molehill?

A small earthquake…or just business as usual? Steve Evans reports on the impact of Ilott v Mitson

It is said that mid-summer is “the silly season” for reporting of news, when stories about somewhat less than momentous happenings take up the space occupied by more weighty news items at other times of the year. So it was that in mid-summer last year, in the dying days of July, a technical Court of Appeal decision, concerned more with entitlement to state benefits than with controversy, received much more media attention than most Court of Appeal decisions. Reports on the BBC Today programme, and headlines in many newspapers of the “shock, horror” variety—such as “A court ruling has cast doubt on the sanctity of our final wishes” and “Where there’s a will, there’s a way to betray the deceased” (both in The Sunday Times, 2 August 2015) followed the Court of Appeal decision in Ilott v Mitson [2015] EWCA Civ 797, [2015] All ER (D) 290 (Jul). It also has to be said that the outrage of certain charities who had lost out—though not completely—as a result of

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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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