Nicholas Strauss KC has published notes commenting on two recent significant decisions:
The first, 'Express contract and implied quantum meruit' (2023) 139 (Oct) L.Q.R 531-535, relates to implied quantum meruit and the surprising majority Supreme Court decision in Barton v. Morris [2023] A.C.684 that the claimant, who introduced a purchaser of a property in the context of commercial transactions, was not entitled to a fee because he was neither an estate agent nor in the business of providing introductions and because such a claim was supposedly inconsistent with defined contractual arrangements. To read the full article, please click here.
The second, 'Insanity and illegatilty' (2023) 39 Jnl. P. N. 94, relates to illegality and insanity. In particular it considers the decision of Garnham J. in Lewis-Ranwell v. G4S Health Services (UK) Ltd. [2022] EWHC 1213 (QB), distinguishing cases such as Gray v. Thames Trains [2009] UKHL 33, and holding that an action by a person acquitted of murder by reason of insanity, as opposed to a person with diminished responsibility convicted of manslaughter, against those whose negligence caused his actions, was not barred for illegality. An appeal against this decision was heard recently. To read the full article, please click here.