Nicholas is a barrister, arbitrator and mediator practising at One Essex Court, Temple.
The new principle introduced by the Supreme Court to govern civil claims (other than for restitution) affected by illegality is likely to result in fewer claims being barred, argues Nicholas Strauss QC in the second part of this two-part article
This article examines how the Supreme Court has resolved the fundamental difference of view (apparent in several recent cases in the Supreme Court) between supporters of, respectively, the rule-based principle expressed by Lord Mansfield in Holman v Johnson (1775) 1 Cowp 341, 343, and a more flexible rule based on an assessment of all the relevant factors in any given case and proportionality.
Money or property transferred pursuant to an illegal transaction is recoverable following the seminal case of Patel v Mirza. Nicholas Strauss QC examines the case and its implications in the first of a two-part feature
Most lawyers remember, even if little else, Lord Mansfield’s dictum in 1775 ‘ex turpi causa non oritur actio... potior est conditio defendentis’ and many are aware of the ensuing 240 years of chaotic case law resulting, as Lord Sumption has said, from the courts’ distaste for applying their own rule.
Sam Townend KC explains the Bar Council’s efforts towards ensuring a bright future for the profession
Giovanni D’Avola explores the issue of over-citation of unreported cases and the ‘added value’ elements of a law report
Louise Crush explores the key points and opportunities for tax efficiency
Westgate Wealth Management Ltd is a Partner Practice of FTSE 100 company St. James’s Place – one of the top UK Wealth Management firms. We offer a holistic service of distinct quality, integrity, and excellence with the aim to build a professional and valuable relationship with our clients, helping to provide them with security now, prosperity in the future and the highest standard of service in all of our dealings.
Is now the time to review your financial position, having reached a career milestone? asks Louise Crush
If you were to host a dinner party with 10 guests, and you asked them to explain what financial planning is and how it differs to financial advice, you’d receive 10 different answers. The variety of answers highlights the ongoing need to clarify and promote the value of financial planning.
Most of us like to think we would risk our career in order to meet our ethical obligations, so why have so many lawyers failed to hold the line? asks Flora Page
If your current practice environment is bringing you down, seek a new one. However daunting the change, it will be worth it, says Anon Barrister
Creating advocacy opportunities for juniors is now the expectation but not always easy to put into effect. Tom Mitcheson KC distils developing best practice from the Patents Court initiative already bearing fruit
Sam Townend KC explains the Bar Council’s efforts towards ensuring a bright future for the profession
The long-running fee-paid judicial pensions saga continues. The current cut-off date for giving notice of election to join FPJPS is 31 March 2024, and that date now gives rise to a serious problem, warns HH John Platt
