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News & Events

2020

The Lord Chancellor’s Letters

On Friday the Lord Chancellor once again found a letter he wrote to The High Court Enforcement Officers Association (the “HCEOA”) plastered across the news. This letter is the second such letter that has been sent to the HCEOA in recent weeks….

The “Illegality” Defence and the Supreme Court

1 Chancery Lane has long had a reputation for appellate advocacy at the highest level.

Last week Andrew Warnock Q.C. and Maurice Rifat were successful in the Supreme Court in the case of Whittington Hospital NHS Trust v XX [2020] UKSC 14…

Illegality: An Overview by Maurice Rifat

The normal role of the courts is to decide cases according to the law, and in doing so to provide a just resolution to the dispute between the parties. The illegality defence operates to prevent the courts from providing the claimant with…

Illegality in the Supreme Court: Three Lessons for Property Lawyers from Stoffel & Co v Grondona [2020] UKSC 42

Property lawyers are well-versed in the difficulties the defence of “illegality” presents. Tinsley v Milligan itself concerned whether a party could establish a resulting trust if they did not need to rely on an unlawful motive behind putting property into the name…

Illegality: A professional negligence perspective of Stoffel & Co v Grondona

As well as the very strong public interest in deterring mortgage frauds, another very important public interest was in issue in this case: that conveyancing solicitors (and by analogy other professionals) who are legitimately and lawfully retained should perform their duties diligently…

Mental health, manslaughter and the illegality defence – an analysis of Henderson v Dorset Healthcare University NHS Foundation Trust

The facts of Henderson v Dorset Healthcare University NHS Foundation Trust [2020] UKSC 43 are undeniably tragic: whilst in the grip of a severe psychotic episode Ms Henderson killed her mother.  She subsequently pleaded guilty to the offence of manslaughter by reason…

Some thoughts on the proposed EU Motor Insurance Directive (2021?)

Historical inheritance & key themes

European Union legislation in this area has been the product of a (very) slow process of evolution. The green card system (1949) pre-dates the First Motor Insurance Directive (72/166/EEC) by a couple of decades. It came into…

FOIL Webinar: All you (now) need to know about BI insurance and Covid-19

In this virtual roundtable event for the Forum of Insurance Lawyers (FOIL), Sarah Prager and Richard Collier will lead the discussions on BI insurance and covid-19.

Questions for discussion include:

What exactly did the High Court decide?
Why did the…

Aqeel Noorali

It is with enormous sadness, tears and a heavy heart that Chambers announces the passing of our dear and beloved colleague Aqeel Noorali.
Aqeel collapsed and died suddenly at his home on 2nd November 2020.
Having joined us after completing…

1 Chancery Lane – Response to Government Announcement

In light of the government’s announcement over the weekend, from close of business tomorrow, 3rd November, our clerks will return to working remotely.

Our priority remains safeguarding the health and wellbeing of all our barristers, staff, clients and visitors. The majority of…

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