Wills & Trusts Law Reports | Summer 2022 #187The parties were children of Concetta Chandler, who had died on 24 January 2019. C was her son and executor. D was her daughter.
On 4 June 2018, Mrs Chandler had transferred her house into the joint names of herself and D as tenants in common in equal shares. C sought a declaration that the transfer was void and rectification of the land register to reflect this.
From 2005 (when it was purchased) until the transfer, the house had been held in Mrs Chandler’s sole name.
On 28 November 2018, D had registered with the Office of the Public Guardian a lasting power of atto...
Richard Dew and James Egan give an analysis of the current status of the doctrine of illegality and trusts ‘There are two categories of conduct that count for the purposes of the doctrine of illegality: first, criminal acts; and second, quasi-criminal acts which engage the public interest in some way (such as cases involving dishonesty …
Continue reading "Trusts: It will be alright on the Knight"
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Antonia Ford considers when an illegal act will provide a defence of illegality ‘Where a claimant is engaged in an illegal act, the claim may be extinguished on the grounds of public policy under the doctrine of ex turpi causa non oritur actio.’ When a person is involved in a non-fault road traffic accident, they …
Continue reading "Ex turpi causa: Credit hire, loss of use and illegality"
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Julian Matthews looks at a recent contentious decision and the possible wider ramifications ‘The giving of greater prominence to the compensatory principle is likely to generate other novel claims as the emerging technologies address the difficulties resulting from life-changing injuries and provide the possibility of new solutions.’ The primary aim of damages for personal injuries …
Continue reading "Compensation: Costs of commercial surrogacy – a recoverable head of loss?"
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Clinical negligence; surrogacy; public policy and illegality; PSLA ‘It was argued on behalf of Ms X that the ratio of Briody was simply that the prospects of successful surrogacy in that case were so “vanishingly small” that the expenditure was not “reasonable” and, therefore, not recoverable as special damages.’ The defendant trust admitted negligence in …
Continue reading "Case report: XX v Whittington Hospital NHS Trust [2018] EWCA Civ 2832"
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Andrew Burnette looks at liability and the unknown: can the provider of a reference be responsible if it doesn’t know who will rely on it? ‘Taking into consideration the principles set out in both Hedley Byrne and Caparo, the Supreme Court found that in the circumstances of the Playboy case it simply was not possible …
Continue reading "Negligent misstatement: Bouncing bunnies"
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In the first of two articles, Suzanne Chalmers and Jack Macaulay explore the current law relating to claimants’ illegality and dishonesty ‘The essential rationale of the doctrine of illegality was that it would be contrary to the public interest to enforce a claim if to do so would be harmful to the integrity of the …
Continue reading "Conduct: Hoisted by their own petard?"
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James Goudkamp explores whether the Supreme Court’s policy-based approach to the illegality doctrine will be followed in tort cases ‘An important question that arises, and one that was not answered by the Supreme Court, is whether Patel applies beyond the field of unjust enrichment.’ The Supreme Court recently handed down judgment in the appeal in …
Continue reading "Illegality: Does Patel v Mirza apply in tort?"
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Patel v Mirza [2016] establishes a flexible approach towards the illegality defence. Gareth Keillor and Rosanna Pinker analyse the pros and cons ‘A flexible approach, which disposes of the automatic bar to relief if the claimant has relied on their own illegality, will provide new opportunities for claimants involved in illegality successfully to lodge claims.’ …
Continue reading "Illegality And Trusts: The straight and narrow?"
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