Landmark Cases in Succession Law published

Landmark Cases in Succession Law, edited by Dr Brian Sloan of Robinson College, Cambridge has today been published by Hart Publishing Ltd.

The latest volume in the popular Landmark Cases series, this book is made up of individual contributors’ chapters on cases which have a claim to be ‘landmark’ decisions in the law of succession, mostly focusing on English law, and highlighting the historical antecedents of the selected cases.

The individual chapters, as work in progress, were discussed by their authors at a conference organised by Brian Sloan at Robinson College, Cambridge last year, which Penelope Reed QC, Barbara Rich and Ruth Hughes attended and contributed to from their perspective as practitioners in this field.

Barbara Rich is also the author of a chapter in the book: on the jurisdiction of the Court of Protection to make a statutory will for an adult who lacks capacity, and the decision of Sir Robert Megarry VC in Re D(J) [1982] Ch 237, a leading (and lucid!) decision under the law prior to the Mental Capacity Act 2005.

Two of the other cases discussed in the book are Thorner v Major [2009] UKHL 18: the leading decision of the UK’s final court of appeal on proprietary estoppel in the context of inheritance, in which Andrew Simmonds QC and Penelope Reed acted; and Ilott v Mitson [2017] UKSC 17: another leading decision of the UK’s final court of appeal, 1975 in which Penelope Reed QC and Hugh Cumber acted. As is well-known, this was an adult child’s claim under the Inheritance (Provision for Family and Dependants) Act 1975, and the decision of the UK Supreme Court re-emphasised the importance of testamentary freedom in English law.

The contents of Landmark Cases in Succession law underscores 5 Stone Buildings’ reputation as a leading set of barristers’ chambers, as our members have acted in a number of the cases discussed in the book.

Ruth is also looking forward to speaking at the launch of Landmark Cases in Revenue Law on 25th February 2020 edited by Dr Dominic de Cogan of Christs College, Cambridge, at the Worshipful Company of Tax Advisors.

We would like to thank Dr Sloan for inviting us to contribute to this project.