In this post, Henry Powell (Associate) and Antoni Hajdon (Of Counsel) in the Real Estate Disputes team at CMS, comment on the case of Barton & Ors v Morris & Anor in place of Gwyn Jones (deceased) [2023] UKSC 3 – handed down on 25 January 2023.

The Supreme Court allowed the appeal by a majority given in the judgment of Lady Rose. The case is considered whether payment of commission / renumeration fell due where the only term for payment that was clearly agreed between the parties was not fulfilled. The use of implied terms or unjust enrichment to

Hearings in the Supreme Court are now shown live on the Court’s website.

This week, the Supreme Court is hearing two cases.

On Monday 13^th and Tuesday 14^th February 2023, the Court will hear the case of Trustees of the Barry Congregation of Jehovah’s Witnesses v BXBon appeal from [2021] EWCA 356. The Court of Appeal found that the Trustees were vicariously liable for a rape committed by one of their elders, and the Trustees are appealing against this decision. The hearing will take place in Courtroom One, with the Tuesday sitting being a half day.

Priscilla Presley has made a challenge to the “authenticity and validity” of Lisa Marie Presley’s will, citing an unusual signature and other allegedly inconsistent details.

Lisa Marie, the only daughter of Priscilla and music icon Elvis Presley, died at 54 on 12 January after suffering cardiac arrest. She was laid to rest on January 22 at Elvis’s Graceland estate.

Priscilla is now calling into question a 2016 amendment to Lisa Marie’s living trust – a document that can serve as a will if a separate document had not been filed at the time of a person’s death.

The amendment removed

In this post, Neal Chandru, an Associate in the Tax team at CMS, comments on the case of DCM (Optical Holdings) Ltd (“DCM”) v Commissioners for his Majesty’s Revenue and Customs (“HMRC”) [2022] UKSC 26 – handed down on 12 October 2022.

The issues on appeal before the Supreme Court were whether HMRC:

1. were, on the facts of the case, constrained by the statutory time bar in s 73(6) of the Value Added Tax Act 1994 (“VATA”); and
2. can deny a self-assessment claim for payment of a VAT credit while HMRC validates the claim.

The background facts which

In our previous article about post-termination restrictive covenants we discussed the High Court case of Dwyer (UK Franchising) Limited v Fredbar Limited [2021] EWHC 1218 as an example of covenants being found unreasonable and therefore unenforceable. Since then, the Claimant has appealed the judgment and the Court of Appeal has once again found in favor of the Defendant. So what does this mean for those trying to enforce, or avoid, restrictive covenants?

The Facts

The facts of the case are set out in our previous article (link above). However, in short, the Claimant (Dwyer) is the franchisor of ‘Drain Doctor’,

F1 legend Michael Schumacher was referred to in a major court case in India over the “living will” argument, where a brief update on his condition was given.

The German driver was used as an example in court where they gave a brief update on his current condition. Schumacher’s family has been kept very private since his horrific skiing accident in December 2013. He was skiing off the piste with his son, Mick, where he fell and hit his head on a rock. The F1 icon was put in a medically induced coma until the following June.

It is known

Please join us on Thursday, October 13 at 12PM EDT for 2022 Chemicals Workshop Webinar Series: PFAS, REACH and Other Chemical Regulatory Issues.

Join Allen Kacenjar, Lianne Mantione and Anita Lloyd for the second webinar in our two-part 2022 Chemicals Workshop webinar series, in partnership with the Ohio Chemistry Technology Council (OCTC).

In this session, we will provide an overview of the rapidly evolving landscape related to per- and polyfluoroalkyl substances (PFAS), including proposed listing of perfluorooctane sulfonate (PFOS) and perfluorooctanoic acid (PFOA) as hazardous substances under the Comprehensive Environmental Response, Compensation , and the Liability Act (CERCLA), regulation under