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.
The Chair of the Bar sets out how the new government can restore the justice system
In the first of a new series, Louise Crush of Westgate Wealth considers the fundamental need for financial protection
Unlocking your aged debt to fund your tax in one easy step. By Philip N Bristow
Possibly, but many barristers are glad he did…
Mental health charity Mind BWW has received a £500 donation from drug, alcohol and DNA testing laboratory, AlphaBiolabs as part of its Giving Back campaign
The Institute of Neurotechnology & Law is thrilled to announce its inaugural essay competition
How to navigate open source evidence in an era of deepfakes. By Professor Yvonne McDermott Rees and Professor Alexa Koenig
Brie Stevens-Hoare KC and Lyndsey de Mestre KC take a look at the difficulties women encounter during the menopause, and offer some practical tips for individuals and chambers to make things easier
Sir Geoffrey Vos, Master of the Rolls and Head of Civil Justice since January 2021, is well known for his passion for access to justice and all things digital. Perhaps less widely known is the driven personality and wanderlust that lies behind this, as Anthony Inglese CB discovers
The Chair of the Bar sets out how the new government can restore the justice system
No-one should have to live in sub-standard accommodation, says Antony Hodari Solicitors. We are tackling the problem of bad housing with a two-pronged approach and act on behalf of tenants in both the civil and criminal courts
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