New Square Chambers

Articles & Publications

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Articles

Date	Title	Contributors	Practice Area	View PDF
17 March 2008	Getting wiggy with it The Lawyer Nicholas Le Poidevin and Jane Evans-Gordon examine the case for and against wigs and gowns. Please click here to read their article.	Nicholas Le Poidevin , Jane Evans-Gordon
8 February 2008	How to justify shifting income after April Financial Times To read a copy of James' article, please visit the FT website by clicking here.	James Brightwell	Tax
January 2008	The Money Laundering Regulations 2007 New Square Chambers - Legal Update - Issue 8 - January 2008	Nicholas Le Poidevin , Watson Pringle
January 2008	Pye revisited: Human Rights and Adverse Possession New Square Chambers - Legal Update - Issue 8 - January 2008	James Thom Q.C. , Shelley White	Property , Public Law
January 2008	A claimant changing the name of a defendant company by direct action New Square Chambers - Legal Update	Malcolm Chapple	Commercial Chancery
8 December 2007	Money Laundering Regulations 2007 Registration Taxation Web Leigh Sagar, outlines the scope of the new Money Laundering Regulations in terms of the requirement to register for regulation.	Leigh Sagar	Tax
1 December 2007	Permanent establishments and trustee residence Taxation Web Leigh Sagar, examines the application of permanent establishment rules to the trustee residence of offshore corporate trust service providers ('TSPs'), following changes introduced in the Finance Act 2006. To view his article, please click here.	Leigh Sagar	Tax
October 2007	Dividing up the family home New Square Chambers - Legal Update - Issue 7 - Autumn 2007	Jane Evans-Gordon	Property
October 2007	Landowners lament rights way of ruling New Square Chambers - Legal Update - Issue 7 - Autumn 2007	George Laurence Q.C.	Property , Public Law
October 2007	Avoiding comprimising positions New Square Chambers - Legal Update - Issue 7 - Autumn 2007 The changes to CPR Part 36	Nicola Allsop
20 July 2007	Merger talks New Law Journal	Mark Hubbard
June 2007	Where does the public interest lie? New Square Chambers - Legal Update - Issue 6 - Summer 2007	John Macdonald Q.C.
June 2007	How big is an equity? New Square Chambers - Legal Update - Issue 6 - Summer 2007	Adrian Pay
June 2007	A sharp carving knife rather than a salami slicer New Square Chambers Newsletter - Issue 6	Leigh Sagar
June 2007	Are inter partes communications open or without prejudice? New Square Chambers - Legal Update	Malcolm Chapple	Commercial Chancery
21 May 2007	IR 20: 'Guidance' or Concession? The Tax Journal Discussion of whether the emigrant taxpayer has any remedy if HMRC unreasonably refuses to apply the rules set out in their booklet IR 20.	Robin Mathew Q.C.	Tax
May 2007	Rights of Parking and the Ouster Principle after Batchelor v Marlow The Conveyancer, May-June 2007, at 223	Alexander Hill-Smith	Property
May 2007	Maintenance of highways revisited Rights of Way Law Review	Ross Crail	Property , Public Law
April 2007	Betterment Properties (Weymouth) Limited v Dorset County Council (case note) Rights of Way Law Review	Ross Crail	Property , Public Law
February 2007	An Introduction to the Companies Act 2006 New Square Chambers - Legal Update - Issue 5 - February 2007	Tim Akkouh , Emily Gillett , Robin Hollington Q.C.
January 2007	The Companies Act 2006 Solicitors Journal	Tim Akkouh , Emily Gillett , Robin Hollington Q.C.
January 2007	Factual evidence and testamentary capacity Association of Contentious Trust and Probate Specialists Newsletter	Colin Braham	Trusts and Estates
2007	The lawfulness of metatags as trade marks New Square Chambers - Legal Update - Issue 6 - Summer 2007	Malcolm Chapple
2007	Oppression of Minority Shareholders - Reflections on Blisset v Daniel The Denning Law Journal - Volume 19, pp 5-31 A closer look at the leading case of O'Neill v Phillips and the old case of Blisset v Daniel, and a look at the question of whether the reasoning of Lord Hoffman in O'Neill v Phillips is, or was ever meant by him to be, of general application.	Robin Hollington Q.C.
November 2006	Old values in a new world: domicile of choice vs domicile of origin New Square Chambers - Legal Update - Issue 4 - Winter 2006	Robin Mathew Q.C.	Tax
November 2006	White v Jones - whatever next? New Square Chambers - Legal Update - Issue 4 - Winter 2006	Rodney Stewart Smith
November 2006	Plain Legal Language in the English Courts Clarity Journal - Issue 56	Simon Adamyk
October 2006	Bankruptcy Restriction Orders Solicitors Journal	Tim Akkouh
October 2006	Town or village greens revisited Rights of Way Law Review	Ross Crail	Property
September 2006	Misconduct and unfair prejudice - and divorces (Grace v Biagioli and Richardson v Blackmore) New Square Chambers - Legal Update - Issue 3 - Autumn 2006	Robin Hollington Q.C.
September 2006	Trustee directors and trust companies (Re Poyiadjis) New Square Chambers - Legal Update - Issue 3 - Autumn 2006	Mark Hubbard
September 2006	Disclosure in share sale agreements New Square Chambers - Legal Update - Issue 3 - Autumn 2006	Robert Levy
September 2006	Without prejudice? New Square Chambers - Legal Update - Issue 3 - Autumn 2006	Emily Gillett
11 August 2006	No prejudice: Bradford & Bingley v Rashid [2006] UKHL 37 Solicitors Journal	Tim Akkouh , Emily Gillett
June 2006	Human rights and adverse possession New Square Chambers - Legal Update - Issue 2 - June 2006	James Thom Q.C. , Robert Levy
June 2006	Getting at the court record - access by all and sundry? New Square Chambers - Legal Update - Issue 2 - June 2006	Gary Pryce
June 2006	Charity ends at home New Square Chambers - Legal Update - Issue 2 - June 2006
February 2006	The significance of user evidence Rights of Way Law Review	Ross Crail	Property , Public Law
February 2006	The last word on the difference between fixed and floating charges? In re Spectrum Plus [2005] 2 A.C 680(HL) New Square Chambers - Legal Update - Issue 1 - February 2006	Tim Akkouh
February 2006	The Privy Council simplify the test for dishonest assistance: Barlow Clowes & Ors v Eurotrust International Ltd [2006] 1 All ER 333 New Square Chambers - Legal Update - Issue 1 - February 2006	Shelley White
2006	Trade marks - was FCUK lawful New Square Chambers - Legal Update - Issue 4 - Winter 2006	Malcolm Chapple
December 2005	Dishonest assistance Solicitors Journal Discussion of the reformulation of the Twinsectra test in the wake of Barlow Clowes v Eurotrust International Ltd [2005] UKPC 37.	Tim Akkouh
14 November 2005	Culpable Conduct Tax Journal Considers who should open tax appeal tribunal proceedings if the Crown alleges dishonesty by the taxpayer/appellant.	Robin Mathew Q.C.	Tax
13 June 2005	SDLT: Are transactions "linked"? Tax Journal Whether for Stamp Duty Land Tax ("SDLT") purposes two or more transactions are to be linked and treated as one.	Robin Mathew Q.C.	Tax
April 2005	Oxfordshire County Council v Oxford City Council (Court of Appeal) (case note) Rights of Way Law Review	Ross Crail	Property , Public Law
2005	In the Name of the Child Legalease		Public Law
2005	A Shepherd's Pie: a Case Note Trust Quarterly Review	Leigh Sagar
27 May 2004	Whose right is is anyway? Taxation Whether a bankrupt's right of appeal against an income tax assessment is "property" belonging to his trustee in bankruptcy - who has standing to pursue an appeal against assessment - case note on Edward Agop Ahajot, The Count Artsrunik v Waller (SpC 395).	Robin Mathew Q.C.	Tax
2004	STEP Directory and Yearbook Society of Trust and Estate Practitioners	Leigh Sagar
2004	Case note on Delaware Mansions Ltd v Westminster CC Rights of Way Law Review	Simon Adamyk
11 December 2003	Who Lurks in the Shadows? Taxation Legal tests for determining, in company and tax law, who are shadow directors.	Robin Mathew Q.C.	Tax
September 2003	Modifying mistaken modifications (3) Rights of Way Law Review	George Laurence Q.C.	Property , Public Law
25 July 2003	Compulsory Questioning by the SFO New Law Journal A look at some of the dangers for the Serious Fraud Office in interviewing suspects under s. 2 of the Criminal Justice Act 1987 where co-defendants run cut-throat defences - one co-defendant may put in evidence the interview of another defendant under s. 2 - potential for severance of the trial - practical implications of the rulings in the Wickes trials (R v Sweetbaum and Others, R v Rosenthal).	Nigel Hood
30 January 2003	Statutory Fiction Taxation Discusses the tax consequences of the decision in CVC/Opportunity Partners Ltd v. Demarco Almeida, [2002] B.C.L.C. 108 (P.C.) as to whether quasi-partnership shares must be valued on a going concern basis with no discount on the value of minority holdings.	Robin Mathew Q.C.	Tax
January 2003	Modifying mistaken modifications (2) Rights of Way Law Review	George Laurence Q.C.	Property , Public Law
2003	A Moment of Sanity [153 NLJ 2003] New Law Journal, Butterworths The correct approach to technical defects in Part 36 offers, and the exercise of the discretion to disallow as unjust the ordinary consequences of a 'beaten' Part 36 offer.	Thomas Graham
November 2002	Modifying mistaken modifications (1) Rights of Way Law Review	George Laurence Q.C.	Property , Public Law
September 2002	The new definition of town or village green Rights of Way Law Review	Ross Crail	Property , Public Law
June 2002	The 'fence to fence' presumption Rights of Way Law Review	Ross Crail	Property
2002	Watch out for the small print New Square Chambers - Company and Insolvency Newsletter - Issue 2 - Spring 2002	Mark Hubbard
2002	Piercing the Corporate Veil New Square Chambers - Company and Insolvency Newsletter - Issue 2 - Spring 2002	Robin Hollington Q.C.
2002	Lifting the Veil New Square Chambers - Company and Insolvency Newsletter - Issue 2 - Spring 2002	Stephen Smith Q.C.
2002	Accessory Liability: The "New" Dishonesty New Square Chambers - Company and Insolvency Newsletter - Issue 2 - Spring 2002	Claire Staddon
2002	Equitable Compensation When Rescission is Barred Trusts Law International [2002] 16 TLI 151	Tim Akkouh
2002	Mistake, Misprediction and Change of Position Restitution Law Review [2002] RLR 107	Tim Akkouh
18 October 2001	Does 'Available' Equal 'Provided'? Taxation Discussion of the question of whether, if living accommodation is "available" to an employee, it is thereby "provided" to that employee - benefits in kind - Taxes Act 1988, s. 145, Schedule E.	Robin Mathew Q.C.	Tax
May 2001	Breach of Fiduciary Duty New Square Chambers - Company and Insolvency Newsletter - Issue 1 - May 2001	Clive H. Jones	Company and Insolvency
May 2001	Unjustly Frozen : Section 127 of the IA reinterpreted New Square Chambers - Company and Insolvency Newsletter - Issue 1 - May 2001	Mark Hubbard	Company and Insolvency
May 2001	Piercing the Corporate Veil: The House of Lords Approves Prudential v Newman Industries (No 2) New Square Chambers - Company and Insolvency Newsletter - Issue 1 - May 2001	Robin Hollington Q.C.	Company and Insolvency
April 2001	Opinion, Advice or Direction of the Court Trusts and Trustees An analysis of the various mechanisms available in different jurisdictions around the world to allow trustees to seek the assistance of the Court in the execution of the trust.	Leigh Sagar	Trusts and Estates
April 2001	Marriott v Secretary of State for the Environment, Transport and the Regions (case note) Rights of Way Law Review	Ross Crail	Property , Public Law
March 2001	Misfeasance In Public Office - The Tort Defined Banking & Finance Law Review (Canada): Vol.16 No.2 Mar 2001 at 317	James Bailey
February 2001	Countryside and Rights of Way Bill: final update Rights of Way Law Review	Ross Crail	Property , Public Law
2001	Lowly Power of Revocation: An Examination Tax Notes International	Leigh Sagar	Tax
July 2000	Countryside and Rights of Way Bill: update Rights of Way Law Review	Ross Crail	Property , Public Law
5 June 2000	Analysis of the New Appeals Procedure Published as part of the Litigator's View column.	Mark Hubbard
March 2000	Countryside and Rights of Way Bill Rights of Way Law Review Overview of the new Countryside and Rights of Way Bill (now the Countryside and Rights of Way Act 2000) and the new right of access - other changes to the law of public rights of way.	Ross Crail	Property , Public Law
February 2000	Mortgage Debts and Survivorship The Probate Section Journal Joint tenancies - survivorship - whether entire debt (together with entire property) falls on survivor - duties of personal representatives - life policies - family provision.	Nicholas Le Poidevin	Trusts and Estates
October 1999	Environmental Protection Act 1990 as a Remedy for Obstruction of the Highway Rights of Way Law Review A discussion of the ruling in Westley v Hertfordshire County Council [1998] J.P.E.L. 947 (D.C.) that "statutory nuisance" (as defined in s. 82 of the Environmental Protection Act 1990) does not encompass obstruction of the highway - R v Bristol City Council, ex parte Everett [1999] 2 All E.R. 193 (C.A.) also discussed.	Colin Braham	Property , Public Law
September 1999	Ex parte Sunningwell Parish Council: a case note Rights of Way Law Review Effect of the decision in R v. Oxfordshire County Council, ex parte Sunningwell Parish Council [1999] 3 W.L.R. 160 - meaning of "as of right" in definition of "town or village green" - Commons Registration Act 1965, s. 22(1) - procedural aspects of case - obtaining judicial review where binding Court of Appeal authority adverse to applicant.	George Laurence Q.C.	Property , Public Law
April 1999	Tax Appeals and the Civil Procedure Rules Tax Journal Effect on tax appeals of the introduction of the Civil Procedure Rules.	Robin Mathew Q.C.	Tax
April 1999	Wentworth v Wiltshire CC: case note Rights of Way Law Review	George Laurence Q.C.	Property , Public Law
February 1999	Definitive Map Modification Orders Rights of Way Law Review Wildlife and Countryside Act 1981, s. 53(3) - events which trigger a definitive map modification order.	George Laurence Q.C.	Property , Public Law
February 1999	Events which trigger a DMMO Rights of Way Law Review	George Laurence Q.C.	Property
February 1999	Ex parte Billson (case note) Rights of Way Law Review Implications of the decision in R v. Secretary of State for the Environment, ex parte Billson [1998] 3 W.L.R. 1240, in particular its interpretation of some key words and phrases in Highways Act 1980, s. 31, and Law of Property Act 1925, s. 193.	Ross Crail	Property , Public Law
November 1998	British Telecom Pension Scheme Trustees and ors v Clarke (HMIT) a case note Tax Journal Implications of the decision in British Telecom Pension Scheme Trustees and ors v. Clarke (HMIT) [1998] Simon's Tax Cases 1075 - activities and transactions which constitute a "trade" for tax purposes.	Robin Mathew Q.C.	Tax
October 1998	User Element in Definition of Byways Open to all Traffic Rights of Way Law Review	George Laurence Q.C.	Property , Public Law
October 1998	User element in definition of BOATs (1) Rights of Way Law Review User element in the definition of "byway open to all traffic" - Wildlife and Countryside Act 1981, s. 66(1) - whether current vehicular user required - whether both pedestrian and equestrian current user required.	George Laurence Q.C.	Property
June 1998	Stevens v Secretary of State for the Environment: a case note Rights of Way Law Review Effect of the decision in Stevens v Secretary of State for the Environment, The Times, 20 February 1998 (Sullivan J.) - reclassification of road used as a public path (RUPP) as a bridleway, rather than as a byway open to all traffic (BOAT) - acquisition of right through conduct which is prohibited by public statute - consideration of Robinson v Adair, The Times, 2 March 1995.	Colin Braham	Property , Public Law
November 1997	Bridges: Responsibility to repair them (1), (2), and (3) Rights of Way Law Review	Ross Crail	Property , Public Law
1997	Flying High Above the Law Air and Space Law 2 (1997) 81	James Bailey
October 1996	R v Suffolk County Council, ex parte Steed (case note) Rights of Way Law Review	Ross Crail	Property , Public Law
March 1996	Definitive map – continuous review Rights of Way Law Review	George Laurence Q.C.	Property
November 1995	TROs and the duty to maintain Rights of Way Law Review	Ross Crail	Property , Public Law
June 1995	Dynevor (Lord) v Richardson (case note) Rights of Way Law Review	Ross Crail	Property
March 1995	Mid Glamorgan County Council v Ogwr Borough Council (case note) Rights of Way Law Review	Ross Crail	Property , Public Law
October 1994	CCT: sanctions and “acb” Rights of Way Law Review	George Laurence Q.C. , Edwin Simpson	Property , Public Law
June 1994	R v Cornwall CC ex p. Huntington (C.A.) Rights of Way Law Review	George Laurence Q.C.	Property , Public Law
June 1994	Ex p. Bagshaw and ex.p. Norton Rights of Way Law Review	George Laurence Q.C.	Property
January 1994	CCT and public rights of way Rights of Way Law Review	George Laurence Q.C.	Property , Public Law
October 1993	Modifications of the definitive map Rights of Way Law Review	George Laurence Q.C.	Property
July 1993	Ex parte Cowell: case note Rights of Way Law Review	George Laurence Q.C.	Property
November 1992	The Lasham Case Rights of Way Law Review	George Laurence Q.C.	Property
September 1992	The Mayhew Case Rights of Way Law Review	George Laurence Q.C.	Property
April 1992	R v Cornwall CC ex p. Huntington Rights of Way Law Review	George Laurence Q.C.	Property , Public Law
February 1992	Fowler v Devon CC: case note Rights of Way Law Review	George Laurence Q.C.	Property , Public Law
May 1991	Ss.54(2) & 57(3) of the WCA 1981 Rights of Way Law Review	George Laurence Q.C.	Property
March 1991	The duty to modify Rights of Way Law Review	George Laurence Q.C.	Property
April 1990	Upgrading of Reclassified RUPPs Rights of Way Law Review	George Laurence Q.C.	Property
January 1990	Ex p. Burrows and Simms: the issues Rights of Way Law Review	George Laurence Q.C.	Property
	IHT and interests in possession	Rodney Stewart Smith	Trusts and Estates , Tax
	Disappointed beneficiaries	Rodney Stewart Smith

Publications

Date	Title	Contributors	Practice Area	View Details
January 2008	Lewin on Trusts (18th Edition) Sweet & Maxwell John Mowbray Q.C., Lynton Tucker, Nicholas Le Poidevin, Edwin Simpson and James Brightwell wrote the entirety of this book. Updates to this work are available here on this website	Lynton Tucker , Nicholas Le Poidevin , Edwin Simpson , James Brightwell	Trusts and Estates
January 2008	Shareholders' Rights (5th edition) Sweet & Maxwell Robin Hollington QC wrote the entirety of this book. Please click here, to read an independent review.	Robin Hollington Q.C.	Company and Insolvency
2007	Personal Insolvency: Law and Practice Butterworths (4th Edition) Stephen Schaw Miller is one of the co-authors of this book with HHJ E Bailey.	Stephen Schaw Miller	Company and Insolvency
2007	A Practical Guide to the Transfer of Trusteeships STEP	Nicholas Le Poidevin	Trusts and Estates
2007	A Portrait of Lincoln's Inn Third Millenium Information	Nicholas Le Poidevin
July 2006	Taxation of Trusts STEP Journal	Leigh Sagar	Trusts and Estates , Tax
2004	Atkin's Court Forms Butterworths Robert Levy contributed to the titles on Easements, Trespass to Land, Commons and Compulsory Acquisition of Land	Robert Levy , James Brightwell
20 March 2003	The Law of Freedom of Information Oxford University Press Reviews of this work include the following: "Richard Scott, the judge who through his inquiry into the arms-to-Iraq affair a few years ago put freedom of information high on the public agenda, rightly observes in a Foreward that, although written as a practitioners' book, 'the commendably simple, clear language of the text will make its exposition of the law as accessible to non-lawyers as to lawyers'. This is a book which no serious practitioner can do without." (Journal of the Commonwealth Lawyers) "Much has been written about the FOI Act, but this is, beyond doubt, the most authoritative analytical work on the subject." (Journal of the Commonwealth Lawyers) "... major work on freedom of information ... will be hugely valuable as a reference book in the years ahead as lawyers struggle with the complexities of the new legislation ... the commendably simple, clear language of the text will make the book's exposition of the law as accessible to non-lawyers as to lawyers." (Media Lawyer) "... the editorial skill lies in developing a full, accurate but concise statement of the law and the relevant principles to be applied, with suitable footnotes, references and analysis. In this object, the book achieves substantial success" (New Law Journal, 8 October 2004, p. 1488).	John Macdonald Q.C. , Colin Braham , Clive H. Jones , Ross Crail , Stephen Schaw Miller , Ian Peacock , Edwin Simpson , Mark Hubbard , Jane Evans-Gordon , Adrian Pay , James Bailey	Public Law
2003	Halsbury's Laws of England, vol.6 Butterworths James Brightwell contributed to the titles on Betting, Gaming and Lotteries (volume 4(1)) and Clubs (volume 6)	James Brightwell	Trusts and Estates
2002	Halsbury's Laws of England, vol.4(1) Butterworths	James Brightwell
2002	Disclosure to objects of powers Legalease Offshore & Private Client Yearbook 2002	Leigh Sagar	Trusts and Estates
2002	Tax Statutes and Statutory Instruments (the Red and Green Books) James Brightwell was a technical editor for these editions of the Red and Green Books.	James Brightwell	Tax
2000	Encyclopaedia of Professional Negligence Butterworths Alexander Hill-Smith is one of the contributors to this encyclopaedia.	Alexander Hill-Smith	Commercial Chancery
December 1999	Cohabitation: Law and Precedents Sweet & Maxwell Jane Evans-Gordon wrote the property chapter and co-wrote the wills and intestacy chapter	Jane Evans-Gordon	Property , Trusts and Estates
1997	Law and the Business of Sport Butterworths Malcolm Chapple wrote the section on intellectual property in this book	Malcolm Chapple	Commercial Chancery
1992	Handbook of Dilapidations Sweet & Maxwell James Thom QC is an editor of this work	James Thom Q.C.
1985	Consumer Credit: Law and Practice Sweet & Maxwell	Alexander Hill-Smith
	Re Diplock Hart Publishing, Oxford, 2006	Tim Akkouh

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