All Analysis articles – Page 12
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Analysis
Bywater Properties Investments LLP & Ors v Oswestry Town Council
Construing a rent review clause in a 1960s lease.
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Analysis
Thevarajah v Riordan [2014] EWCA Civ 15
Court of Appeal overturned the Chancery Division’s (ChD) decision to grant relief from sanctions, finding that the ChD could not make an inconsistent order granting relief unless and until the original order had been set aside by way of a variation or revocation.
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Analysis
Murills v Berlanda and Belvedere Medical Group Ltd (in liquidation) [2014] EWCA Civ 6
This case was struck out by the Court of Appeal because the claimant’s solicitors had not followed the right procedure for service of court proceedings and not given an address for service of the claim form.
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Analysis
Rehill v Rider Holdings [2014] EWCA Civ 42
Court of Appeal ruled in favour of the defendant on withdrawn part 36 offer to settle a personal injury claim made when the claimant knew his prognosis was clear, and orders the dishonest claimant to pay litigation costs.
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Analysis
Starbev GP Ltd v Interbrew Central European Holding BV [2013] EWHC 4038 (Comm)
A reminder of the test the court must apply when considering whether a document is subject to litigation privilege.
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Analysis
MA Lloyd & Sons Ltd v PPC International Ltd [2014] EWHC 41 (QB)
The claimant was debarred from producing evidence about an issue at trial because it failed to comply with an order for exchange of witness statements.
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Analysis
Webb Resolutions Ltd v E-Surv Ltd [2014] EWHC 49 (QB)
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
Can the court order rectification without determining a mistake?
Lesley King analyses two cases which emphasise the importance of cautious will drafting to avoid problems further down the line.
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Analysis
Catling v Catling
A contentious probate case brought by the seven eldest children of the late testator, who challenged the validity of her alleged last will, which purported to leave her entire estate to the first defendant, her eighth and youngest son.
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Analysis
Kevern v Ayres
The High Court considered whether it could order rectification of a deed without determining whether there had been a mistake.
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Analysis
Re Nicholas Christou (Deceased)
A challenge to a will on the basis that it was a forged document, and that the testator did not understand fully and approve its contents.
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Analysis
Great Western Hospitals NHS Foundation Trust v AA
The High Court granted permission for the Trust to carry out a Caesarean section on a woman suffering from bipolar disorder.
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Analysis
IM v LM and others
The Court of Appeal held that the test for determining whether a person enjoyed capacity to marry or experience sexual relations included an evaluation of the person’s ability to use relevant information.
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Analysis
Spotlight: Blankley v Central Manchester & Manchester Children’s University Hospitals NHS Trust
Is a solicitor’s retainer automatically terminated if their client loses mental capacity during the course of the retainer?
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Analysis
Redress Schemes for Property Management Work etc (England) Order 2013
Provision is made for approved redress schemes for dealing with complaints by consumers against lettings agents and property management agents, who must be members of such a scheme.
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Analysis
Spencer v Taylor
The Court of Appeal has considered what type of section 21 notice should be given to end an assured shorthold tenancy.
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Analysis
Mobile Homes (Site Rules) (England) Regulations 2014
Site owners will be prevented from using site rules inappropriately to the disadvantage of mobile home owners from 4 February 2014.
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Analysis
Sunlife Europe Properties Ltd v Tiger Aspect Holdings Ltd
The claimant landlord commenced proceedings against its former tenant to recover the cost of work required to put the property back in the state it would have been in had the defendant tenant complied with its repair obligations.
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Analysis
Balog v Birmingham City Council
The Court of Appeal held that Birmingham City Council had considered the issue of affordability when considering whether the respondent had made himself intentionally homeless.
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Analysis
EU Plants Ltd v Wokingham Borough Council
A judicial review application relating to alleged abuse of tree preservation order powers by a local authority.