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A triumph for Victorian morality - Ashton v Pratt … Meretricious sexual services renders contract void on public policy grounds … Judge applies curious moral standard ...

The Judgment in this interesting case was handed down mid January 2012.

It was thought by some lawyers that Madison Ashton, the sometime mistress of deceased business tycoon Richard Pratt, might succeed, in part, in her $10 million claim for breach of contract. The Judge, however, disappointed the pundits.

The Judge dismissed Ms Ashton's claim in its entirety and ordered her to pay the defendant's costs (which amount to the best part of $1 million). A number of issues arose for determination by the Judge, as follows:

  1. Did Pratt make the alleged promises?
  2. Was there a binding contract?
  3. Was the defendant estopped from denying the claim?
  4. Had Ms Ashton compromised any claim that she may have?

The Judge found that Pratt had made numerous promises to Ashton, notwithstanding that he disbelieved some of her evidence.

The evidence as to conversations between the tycoon and his mistress provides a fascinating insight into orchestration of the extra mural trysts of the truly rich.

The evidence disclosed that Pratt had showered Ashton with cash and gifts even though, as the Judge found, "she was at liberty to bestow her favors on others also".

As to whether a contract existed between Pratt and Ashton, the Judge held that there was no intention to create a legally binding agreement.

More controversially he then went on to hold that, if there was a binding contract, it was void on public policy grounds.

RMB Phantom Lawyer.

 
Slater and Gordon v Keddies

It is a year since Slater and Gordon Lawyers purchased the legal firm Keddies Lawyers for $35million dollars.

The three former Keddies partners are defending a contempt charge for allegedly breaching an injunction forbidding them approaching former clients. Clients are suing Keddies in the District Court for allegedly mishandling their settlement monies.

We will watch the cases with interest and report on the results.

RMB Phantom Lawyer.

 
English Football

Anton Ferdinand & John Terry

An interesting case has arisen with allegations of racial abuse between John Terry, former English football Captain and Anton Ferdinand. John Terry was alleged to have spoken in a racist way to Mr Ferdinand. To complicate matters England manager, Fabio Capello is in hot water for telling Italian television that Terry was innocent until proven guilty and should not have been sacked.

We will be watching the criminal charges against Terry as they unfold.

RMB Phantom Lawyer.

 
Supreme Court Justices v High Court Judges

Here is a picture of Supreme Court Justices from the UK Supreme Court. RMB thinks the outfits are a little bit over the top. What do you think?
Supreme Court Justices

Here is a photo of Australian High Court Judges. We think that the dress is a little bit more sensible and modern then our English counterparts. Undoubtedly they are wearing jeans and a t-shirts underneath.
Australian High Court Judges

RMB Phantom Lawyer.

 
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