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Showing posts with label Overreaching Supreme Court. Show all posts
Showing posts with label Overreaching Supreme Court. Show all posts

Sunday, November 3, 2024

Roger Partridge: Can the Dead Own Property? Our Supreme Court Just Said Yes in Nikora v Kruger


Imagine trying to take instructions from a deceased client, or entering into a contract with your great-great-grandparents. According to our Supreme Court's latest decision, these absurdities might not be far-fetched.

In a ruling that defies both common sense and centuries of legal principle, the Supreme Court has just held that deceased tribal ancestors can satisfy the legal requirement of beneficial ownership. The decision has left lawyers wondering whether any established principle is safe from judicial invention.