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25 January 2013
Issue: 7545 / Categories: Case law , Law digest , In Court
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Real property

Ellison v Cleghorn [2013] EWHC 5 (Ch), [2013] All ER (D) 49 (Jan)

Section 14 of the Trusts of Land and Appointment of Trustees Act 1996 conferred power on the court to direct a partition, even without the beneficiaries’ consent, and with or without payment of equality money. Where the parties were already co-owners of land which they had intended at the outset should eventually be divided between them, then partition was the direct and natural means of achieving that objective, with recourse to the court if the beneficiaries would not all consent.

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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’
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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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