Articles

Joshua discusses a recent case where he acted for a homeowner when the possession of a grass verge between two properties on an open-aspect estate was called into question.

Emma McIlveen analyses the 2025-2026 decisions that have turned the Higgs framework into a working machine, with results less predictable than either side of the debate would like.

Sarah Bowen considers the Guidance issued by the EAT on the use of AI by litigants in person (LiPs) and its implications for LiPs and employment practitioners.

Rachel Best KC analyses the case of MacLurg & Ors v BSO [2026] NIKB 45. Recently heard in the High Court of Justice in Northern Ireland (King's Bench Division), the case involved 5 GP Medical advisers in a dispute about pay and interpretation of their contracts. The judgment acts as an important reminder to employers that it is the actual terms of the contract which applies, not what the “intentions” were.

Rachel Best KC acted for the successful claimants. The decision is being appealed by the defendants.

Expert planning and land-based Chancery barrister William Webster has written a succinct guide on the current planning concerns surrounding air conditioning units installed on the outside of existing buildings.

Victoria Hamblen, specialist property and estates barrister at 3PB, has written on the recent case of R (North Warwickshire Borough Council) v Secretary of State for Transport [2026] EWCA Civ 832, which involved a change to part of the design of the HS2 plans.

Eleanor Marsh represented the mother in the case of FH v MH (PH12J: Parallel Criminal Proceedings) [2026] EWFC 195 (B), where the Court considered the relationship between the assessment of risk within the Family Court and ongoing criminal proceedings. The Court applied the Resolution model, finding that the maintaining of a guilty plea within criminal proceedings need not be fatal to an assessment of risk within the Family Courts.

Eaindra Cho considers the Court of Appeal's judgment in Burger v Risk Solutions BG Limited and J D Wetherspoon PLC [2026] EWCA Civ 804, with its useful summary of the law dealing with vicarious liability.

Andrew MacPhail analyses Leighton v Renfrewshire Council [2026] EAT 95, noting that s27(2)(c) is drafted using broad terms and without express limitation. Employers should thus take care that a worker has not performed a protected act before taking action.

Craig Ludlow analyses Geeks Limited v Watts [2026] EWCA Civ 889, a case which makes it clear that clawback clauses need to be carefully drafted to show that repayment is properly linked to circumstances that justify the investment made, and demonstrate a real connection between the sums repayable and the actual loss made.

They discuss how family members often contribute to the purchase of a home, but informal arrangements can lead to disputes over ownership, which judgment creditors seeking to enforce a final charging order should be wary of when trying to obtain an order for sale. The High Court's decision in Kroll confirms that the Presumption of Advancement now carries little weight and can be easily rebutted, with important consequences for judgment claimants seeking to enforce any judgments.

This article looks at the case of Re MacDougall [2026] EWHC 1142 (Ch). The court considered six main legal issues about making a will, as well as a separate issue called ademption. Five of the issues involved well-established legal rules, including mental capacity, understanding and approving a will, undue influence and the duties of attorneys. The sixth issue was less certain and is the main focus of this article: can a will be rescinded on the grounds of a mistake?