All Analysis articles – Page 11
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Analysis
Utilise TDS Ltd v Davies [2014] EWHC 834 (Ch)
The court considered whether, if a breach of a court order attracting sanctions can be viewed as trivial, could another trivial breach of the same order result in the first breach be viewed as non-trivial.
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Analysis
Clarke v Barclays Bank plc and Lamberts Surveyors Ltd [2014] EWHC 505 (Ch)
A claimant was refused permission to rely upon a second expert report where the report of an original expert had been served, but the expert had withdrawn from the case.
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Analysis
Porter Capital Corporation v Zulfikar Masters (unreported, 19 March 2014)
This case illustrates more robust and stricter approach the courts are now taking, following the Jackson reforms, and how not complying with court rules can lead to heavy costs sanctions.
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Analysis
Shebelle Enterprises Ltd v Hampstead Garden Suburb Trust Ltd
The claimant tenant issued proceedings to restrain the defendant trust from consenting to substantial development, allegedly interfering with its right to quiet enjoyment under its lease. The judge dismissed the application and the claimant appealed.
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Analysis
Barclays Wealth Trustees (Jersey) Ltd v Erimus Housing Ltd
The Court of Appeal overturned a High Court decision that a tenant, which remained in occupation of commercial premises after its lease had expired, did so on the basis of an implied annual periodic tenancy, and held it was instead a tenancy at will.
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Analysis
Spotlight: E.Surv v Goldsmith Williams Solicitors
The High Court rules on the terms of the ‘Bowerman duty’ around enquiries in a residential conveyancing transaction
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Analysis
The Siemens case and the wording of break clauses
Peter Reekie looks at the Siemens Hearing Instruments Ltd v Friends Life case, which related to the position in respect of wording in a break clause, that had no apparent purpose
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Analysis
Simon v Byford
The claimant’s mother had died and left her estate in equal shares to her four children. The claimant had challenged the will on the basis that the mother had not had testamentary capacity.
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Analysis
Watts v Watts
The Chancery Division considered the validity of a will made by the testatrix while she was in hospital. The court held that, on the evidence, one of the witnesses to the will, a nurse, had been misled into signing it, and had not seen the testatrix sign it.
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Analysis
Burnard v Burnard
The Chancery Division considered the true construction of a will and determined what assets formed part of the deceased’s estate. Applying settled law, there appeared to be a powerful argument that there was a clerical error in naming the wrong company in the will.
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Analysis
Dunhill v Burgin
When deciding whether a person has or lacks the mental capacity to conduct legal proceedings on her own behalf, the capacity test has to be applied to proceedings as they should be brought.
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Analysis
Public Guardian v JM
The Public Guardian applied to the Court of Protection requesting the court to revoke and direct the cancellation of the registration of a Lasting Power of Attorney and to appoint a Panel Deputy instead.
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Analysis
Inheritance claims by adult children: Court of Appeal throws out Illott v Mitson
Lesley King analyses the latest chapter in the long-running saga of Illott v Mitson concerning an application for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975.
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Analysis
Spotlight: Mehjoo v (1) Harben Barker (a firm), (2) Harben Barker Ltd
Court of Appeal overturns Mehjoo decision on tax advice.
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Analysis
Coventry v Lawrence
The claimants brought a nuisance action against the defendant in respect of the noise generated by motor sports conducted on their land.
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Analysis
Xenakis v Birkett Long LLP
Issues arising upon the uptake of occupation prior to the formal completion of a lease.
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Analysis
Santander UK plc v R.A. Legal Solicitors
The Court of Appeal ruled that a law firm’s departure from best practice played a material part in the loss suffered by a lender, and therefore it would not be fair to grant the law firm any relief from liability for breach of trust under section 61 of the Trustee ...
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Analysis
Court of Appeal holds law firm accountable for lender's loss
Peter Reekie outlines the findings in the recent case around potential breach of negligence where a law firm is caught out by a fraudster
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Analysis
Adamson & Others v Paddico (267) Ltd and Taylor v Betterment Properties (Weymouth) Ltd
Two appeals from decisions of the Court of Appeal concerning applications made by the respective landowners under section 14 of the Commons Registration Act 1965 to rectify the register of town and village greens
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Analysis
Pillar Denton Ltd v Jervis
The Court of Appeal considered whether rent due under a lease between the landlord and a company in administration should be deducted as an expense of the administration.