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News and Cases

Judgment in King v Dubrey [2014] EWHC 2083 (Ch)

Mark Mullen appeared for the 15th to 21st Defendants in a claim in the Chancery Division concerning an alleged donatio mortis causa, or ‘deathbed gift’, and a claim under the Inheritance (Provision for Family and Dependants) Act 1975.  The judgment is available on BAILLI. Mark Mullen’s profile is available here.

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Solicitor Fiona Fitzgerald appointed new Chief Executive at Radcliffe Chambers

Fiona Fitzgerald, past chairman of the Association of Women Solicitors and previously a partner at a national law firm, has been appointed as Chief Executive of leading Chancery set, Radcliffe Chambers. Head of Chambers, Keith Rowley QC, said, “We are very pleased to welcome Fiona to chambers and look forward to working with her to continue our growth.”

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Leading charity law barrister from Radcliffe Chambers quoted in Sunday Times article

Francesca Quint from our charity law team is quoted yesterday in a Sunday Times article on whether Oxfam went too far in its recent advertising campaign.

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Judgment in The Pensions Regulator v A Admin and others [2014] EWHC 1378 (Ch)

Keith Rowley QC and Elizabeth Ovey, instructed by in-house solicitors, appeared for The Pensions Regulator in proceedings relating to alleged pension liberation.

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Shantanu Majumdar speaks on statutory relief for errant trustees and directors at the Chancery Bar Association Cayman Conference 2014

Shantanu Majumdar presented a paper entitled “Forgiveness after the event” to the Chancery Bar Cayman Conference which took place on 5-6 May at the Grand Cayman Marriott Beach Resort. The paper dealt with recent developments in the statutory relief for breach of trust under section 61 of the Trustee Act 1925. A copy of the notes is available here.

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Judgment in Briggs & Ors v Gleeds (Head Office) (a firm) & Ors [2014] EWHC 1178 (Ch)

Keith Rowley QC and Wendy Mathers, instructed by Addleshaw Goddard LLP, appeared for the Trustees of the Gleeds Retirement Benefits Scheme in CPR Part 8 proceedings. Mr Justice Newey’s decision dated 15 April 2014 deals with the consequences of the defective execution

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Judgment in Vaitkus v Dresser-Rand UK Ltd [2014] EWHC 170 (Ch)

Keith Rowley QC appeared for the claimant trustees in this equalisation claim in which the Court held that a notice issued to female members of a contributory pension scheme advising them that males and females would accrue future benefits on the same basis from 6 April 1991 (following the decision of the European Court of Justice in Barber v Guardian Royal Exchange Assurance Group (C-262/88) [1991] 1 QB 344) was sufficient to amend not only the original interim deed but also a subsequent definitive deed.

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Christopher Buckley and Catherine Doran appointed Junior Counsel to the Crown

Christopher Buckley and Catherine Doran have been appointed to HM Attorney General’s Panel of Counsel for a five year period with effect from 1st March 2014. Christopher’s appointment is to the Attorney General’s B Panel (he was previously a member of the C Panel), while Catherine joins the Attorney General’s C Panel. Mark Fell and Mark Mullen are also Junior Counsel to the Crown (B Panel).

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Judgment in Sarjeant v Rigid Group Ltd [2013] EWCA Civ 1714

Keith Rowley QC appeared for the successful respondent trustees in Sarjeant v Rigid Group Ltd, an appeal concerning the construction of scheme rules. The Court of Appeal held that a provision that, upon a winding-up, the members’ benefits had to be provided as ‘as nearly as practicable the same’ permitted the trustees, by implication, partially to buy out the members’ entitlement so as to maximise the recoverable section 75 debt. The first instance decision was upheld and Stevens v Bell [2002] EWCA Civ 672, which held that the rules of a pension scheme had to be construed in a purposive way, was applied.

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Radcliffe Chambers Resource Seminar: Court of Protection Update featuring Senior Judge Denzil Lush

We are delighted to announce that Senior Judge Denzil Lush has agreed to speak on the House of Lords Select Committee Report on the Mental Capacity Act 2005 as part of a Court of Protection Update seminar we are holding next month.

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