Coventry View

A litigation lawyer's perspective

Posts Tagged ‘updates

Ilott v Mitson – Update

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You will have noticed the latest decision in the CA on 27.7.15 when the court allowed the appeal against the award of £50k from her mother’s estate and increased it to £163k. This clearly has serious repercussions on the effectiveness of wills, and I will be posting another piece as soon as I have had a chance to read the judgment in detail. Give me a day or two. In the mean time, my comments on the original CA decision in 2011 are still relevant. Just a bit behind the times.

PS Post now out – here.

Written by Coventry Man

28/07/2015 at 17:58

Posted in Wills etc

Tagged with , ,

Extra, Extra – Updates on Recent Posts

with 6 comments

You never finish this blogging lark, because as soon as you’ve put out your finished and lovingly crafted article somebody comes along and changes things, so it’s out of date. And that’s why I’m here to update three of my recent posts rather than watching TV. The stresses of journalism!

Huzar v Jet2

I mentioned this case of flight delays on 4.9.14 and said that the airline had applied for permission to appeal to the Supreme Court. Well, there is now a note about this application on the SC website (here) and the application for leave will be considered on the papers together with a similar application in the case of Dawson v Thomson Airways (which is on the limitation period applicable for these claims) and a decision is expected in early November 2014. If successful the appeals will be heard probably some time in the first half of 2015. So we have to wait a bit longer for a final decision.

Robertson v Swift

This is about The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and I commented on them on 3.6.14. You will remember that there is a new regime of information to give to consumers who enter into contracts on-premises, off-premises or by distant selling with effect from 13.6.14. Well, there has been a decision in the SC about the interpretation of the earlier regulations and in particular what happens if the trader fails to supply the cancellation information that he should have, as the cancellation period is defined in those regs as running for 7 days from the giving of the information. And not without some hesitation the SC ruled that, despite the argument that if there was no information the period never started, the better interpretation was that the period never ended, and so the consumer won.

No doubt important to the parties, although the argument was about a claim for about £3,750 and a counter-claim for £1,000, so there must be more to it than meets the eye. But irrelevant to the rest of us as the new regulations provide expressly that the right to cancel runs from the making of the contract until 14 days after the cancellation information is provided. Perhaps the draftsman had the Robertson case in view.

Best v Chief Land Registrar

Mr Best was the enterprising builder who rescued a derelict house and tried to claim it by prescription. I dealt with it on 14.5.14, when I reported that Mr Best had been allowed to take the first step in registering title at HM Land Registry. The absent owners still seem to be absent, but the Land Registry have been granted leave to appeal to the CA, presumably with a view to sorting this matter out once and for all. These appeals usually take getting on for 12 months, so again watch this space. My only worry is that with all the publicity involved the owners will come out of the woodwork in time to thwart his claim. Which may be Mr Best’s worry as well.

As soon as there is any news on these three I’ll be tapping away to let you know. Now let’s go and feed the cats, and also see if Scotland has floated off into the North Sea while I’ve been at this.

PS – For the result of the Best case in the CA see here.

Written by Coventry Man

10/09/2014 at 22:44