EU Law: A question of interpretation

Christopher Salomons outlines the significance of the latest interaction between EU and UK law ‘A fundamental consideration was whether or not the tribunal has the power to adopt a conforming interpretation by implying an option to defer into domestic law.’ What should the UK do when the European Court of Justice (ECJ) finds UK legislation …
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Akhter v Khan Neutral citation: [2018] EWFC 54

Wills & Trusts Law Reports | Autumn 2018 #173

Mrs Akhter (A) and Mr Khan (K) underwent an Islamic marriage ceremony in England in 1998. They then considered themselves husband and wife and were treated as such by their families, community and state authorities. They had four children. Despite requests by A no civil ceremony was ever undertaken. The parties lived in Dubai between 2005 and 2011 and were treated as married by the UAE authorities, to whom they presented their Islamic marriage certificate.


A petitioned for divorce in 2016. K applied to strike out the petition on the basis that the parties had not entered a valid ...

Hand v George [2017] EWHC 533 (Ch)

Wills & Trusts Law Reports | Summer 2017 #168

By his will dated 6 May 1946 Henry Hand (testator) directed his trustees to hold his residuary estate upon trust as to one equal third part (Kenneth’s share) to pay the income thereof to his son Kenneth Hand during his life and on his death as to both capital and income thereof for such of his children as attained the age of 21 years and if more than one in equal shares. In default of children, Kenneth’s share was directed to pass to the testator’s children, Gordon Hand and Joan George. The testator died on 9 June 1947 survived by all three children. Gordon Hand died wi...

Swetenham v Walkley & anr 2CL10307

Wills & Trusts Law Reports | June 2014 #140

The claimant brought a claim for reasonable financial provision under the Inheritance Provision for Family & Dependents Act 1975, against the estate of Alexander Graham Bryce (the deceased), on the basis that she had been living in the same household as the deceased, as his wife, in accordance with s1(A) of the Act. Otherwise, as the deceased had died intestate, his c£600,000 estate fell to be distributed to his numerous intestacy beneficiaries, a class to which the claimant, who was never married to the deceased, did not belong.

The first issue before the court was ...

Collective Redundancy: Established law on ‘establishment’ overturned

Stephen Levinson considers the fallout from the EAT’s decision in the Woolworths litigation ‘The EAT held that the words “at one establishment” in s188(i) could and should be ignored and held that each worker previously excluded should receive a protective award.’ As has been widely publicised, the law on collective redundancies has been reshaped in …
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Costs: Model awards

Andrew Hogan considers whether we have reached the end of success fees ‘The hearing before the House of Lords took place prior to the quantification of the success fees, so argument took place without the hard figures to hand.’ On 18 January 2011, the Fourth Section of the European Court of Human Rights handed down …
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RTA: Consumer contracts

Andrew Hogan investigates credit hire agreements in view of Chen Wei v Cambridge Power and Light Ltd ‘Even if an agreement is unenforceable in the sense that a money judgment cannot be obtained against the debtor, it does not necessarily follow, in 2011, that the rule against double recovery would be offended if the hirer …
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