All Analysis articles – Page 2
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AnalysisLine of duty: do landlords have a duty to inspect for property defects?
Jennifer Meech comments on a case that may impact how landlords carry out routine property inspections (Rogerson v Bolsover District Council [2019] EWCA Civ 226).
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AnalysisBrexit: a continuing cause of frustration?
Kate Andrews comments on a case where the court refused a claim that Brexit would frustrate an organisation’s 25-year lease.
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AnalysisRelief: when is it merited?
Roman Kubiak comments on an assisted suicide case where a widow was granted relief against the forfeiture rule, and a case in which another widow was refused relief to bring a claim for financial provision out of time.
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AnalysisRestrictive covenants: breach now – apply later?
Jennifer Meech comments on an appeal case where the developer waited until after construction was finished to apply for a restrictive covenant to be discharged.
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AnalysisUndue influence: what is sufficient legal advice?
Roman Kubiak considers two contentious probate cases: an attorney’s application to be appointed as substitute personal representative in place of a donor; and a property transfer set aside for presumed undue influence.
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AnalysisTake it easy: what qualifies as an easement?
Kate Andrews considers how the Supreme Court has expanded the law of easements in relation to leisure and amusement in a recent appeal decision.
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AnalysisStrike and you’re out: contradictory probate claims
Roman Kubiak breaks down the complex case of Bhusate v Patel & Ors [2018] EWHC 2362 (Ch), in which the claimant suffered a heavy defeat after pleading contradictory alternative claims.
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AnalysisWild west partnerships: who owns what?
Jennifer Meech looks at the case of Wild v Wild [2018] EWHC 2197 (Ch) to help unravel ownership when profits are shared but property is not.
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AnalysisProbate update: misappropriate behaviour
Roman Kubiak discusses some more of the headline legal cases from last few months, including the misappropriation of a vulnerable person’s assets.
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AnalysisProbate update: Put an estoppel to that
Despite the summer break, it seems that the contentious trusts and probate world is as busy as ever. Roman Kubiak discusses some of the main cases to hit the legal headlines over the past few months.
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AnalysisIn need of a break: constructing break clause pre-conditions
Kate Andrews considers whether the case of Goldman Sachs International v Procession House Trustee Ltd is a shift away from the norm when construing break clauses.
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AnalysisPayne in the probate: witness signatures and unauthorised withdrawals
This month Roman Kubiak looks at an appeal where a will was upheld despite lacking witness signatures and a case where an attorney has been ordered to account for unauthorised payments from their father’s estate.
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AnalysisWho pays for a property fraud? Determining liability post P&P and Dreamvar
Jennifer Meech outlines the facts of the recent high profile Dreamvar and P&P appeals
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AnalysisBe reasonable: estate admin fees and financial provision for cohabitants
This month, Roman Kubiak looks at a case where beneficiaries of an estate challenged the reasonableness of fees incurred by executors in instructing two different firms, and a recent claim by an elderly cohabitee for reasonable financial provision who was awarded an outright transfer of property and capital lump sum.
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AnalysisLitigants in person: the new hardline approach
Kerry Underwood explains the string of recent case law which suggests the courts are taking a much tougher approach to litigants in person.
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AnalysisGranting the ungrantable: fencing easements after Churston Golf Club v Haddock
A recent Court of Appeal judgment suggests the difference between an easement to fence and a covenant to fence is actually very small, writes Jennifer Meech of Enterprise Chambers.
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AnalysisSwitching from legal aid to a CFA
Can a claimant who has instructed solicitors on legal aid, switch to a CFA and recover the success fee and ATE premium? Imran Benson of Hailsham Chambers discusses the Court of Appeal (CA) judgment in Surrey v Barnet & Chase Farm Hospitals NHS Trust [2018] EWCA Civ 451.
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AnalysisCase commentary: Bailey v GlaxoSmithKline UK Ltd [2017] EWHC 3195 (QB)
Alison Kirby analyses this judgment in which the High Court has considered, for the first time, whether the Arkin cap - the principle that a funder’s potential liability for adverse costs will be limited to the amount of the funding provided - still fits.
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AnalysisFollow your lease to the letter
In TGC Pubs Ltd [2017] EWHC 772 (Ch), the High Court considered whether a letter given to the landlord constituted the grant of an option to purchase, as required by the lease and whether a subsequent request to assign had been properly made.
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AnalysisIs an expert needed? London Aviation Ltd v Royal Bank of Scotland
The recently reported case of London Aviation Ltd v Royal Bank of Scotland plc [2017] EWHC 1037 (Ch) decided that an expert was not ‘reasonably required’ because, on the facts of the case, an expert was unlikely to assist the judge.