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C N v Poole Borough Council

Judgment in the case of CN v Poole Borough Council (Edward Faulks QC& Paul Stagg) for Defendant/Appellant) will be handed down on Thursday 21st December 2017 at 9.45am – A full note on the implications of the Judgment will be available after the Judgment is handed down

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Chancery Master: Appointment - Karen Shuman

We are delighted to announce that The Queen has appointed Karen Shuman to be a Master of the Chancery Division on the advice of the Lord Chancellor, the Right Honourable David Lidington MP and the Lord Chief Justice of England and Wales, the Right Honourable Sir Ian Burnett.

The Lord Chief Justice has deployed her to the Royal Courts of Justice with effect...

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Grasso v Naik & 20 other irregular divorce petitions (Queen’s Proctor intervening) [2017] EWHC 2789 (Fam)

In this decision the President of Family Division, Sir James Munby, concurred with the submissions of the Queen’s Proctor that some 21 divorces had been tainted by fraud not least as the address given on the petition of one or other party to the petitions was a lie. Accordingly he ordered that all the decrees of divorce in the 21 petitions would be set aside...

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CLIENTS 'MOST IMPRESSED' WITH 1 CHANCERY LANE

Following strong rankings in this year’s Chambers & Partners and Legal 500 rankings, we are delighted to have been mentioned as one of the ‘chambers solicitors [were] most impressed with’, for service and client care. In a major report, by Thomson Reuters, 1 Chancery Lane was one of only 13 chambers, across the UK, to receive a mention for...

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Entire Agreement Clauses

An entire agreement clause is used by the draftsman to try to ensure that what he drafts is the full extent of the obligations between the parties. The purpose of such a clause is to achieve certainty and forestall disputes about whether things were or were not said prior to exchange of contracts. This is a reasonable object and the courts are generally willing to...

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The Property Boundaries (Resolution of Dispute) Bill 2016

The Property Boundaries (Resolution of Disputes) Bill (“the Bill”) has entered the committee stage of examination and debate in the House of Lords. The Bill can be found here.

The Bill includes proposals aimed at providing an alternative to the Court and Tribunal determination of boundary disputes and rights of way by introducing the expert...

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BEDDOE APPLICATIONS

If trustees or executors intend to take or defend Court proceedings in relation to the exercise of their powers and duties, they are strongly advised to make a Beddoe application (Re Beddoe [1893] 1Ch 547), which entails asking the Court to approve in advance the costs that the trustees or executors intend to incur on behalf of the trust fund in litigation.

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PROPERTY UPDATE – SEVERANCE OF JOINT TENANCIES

The law normally exists to give certainty about the effect of a person's intentions. Nowhere is that more important than in the realm of wills and properties, where wills are construed in accordance with the intention of the deceased. Sometimes that intention is the subject of dispute, in which case a Judge will have to divine what that intention truly was...

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