All Analysis articles – Page 3
-
AnalysisCase note: Shackleton and Associates v Al Shamsi [2017] EWHC 304 (Comm)
In this case, Mr Justice Teare considered whether the claimant company providing legal services could recover costs for the time spent on the litigation by its sole shareholder, a solicitor advocate.
-
AnalysisWhat you really need to know about Merrix
Deborah Burke, chair of the Civil Litigation Section, offers her own take on this recent, headline-grabbing case on costs budgeting.
-
AnalysisSpotlight: Ilott v The Blue Cross and others [2017] UKSC 17
Henrietta Mason comments on the long-awaited Supreme Court decision on whether a will failed to make reasonable provision for the deceased’s daughter and the grounds upon which a claim for provision can be brought.
-
AnalysisIs an oral contract for the sale of land enforceable?
In Matchmove Ltd v Dowding, the High Court was asked to decide whether an oral contract for the sale of land is enforceable.
-
AnalysisThe investment landscape in 2017: what next?
Patrick Connolly offers some guidance on how best to advise clients about handling their investments in a post-Brexit / Trump landscape.
-
AnalysisBrexit and article 50 – a summary of the High Court judgment
From screaming headlines to more sober assessments, much has been written about this decision of the High Court since it was delivered earlier this month. An appeal by the government is currently being heard by the Supreme Court. Jonathan Haydn-Williams and Goodman Derrick outlines the main elements of the High ...
-
AnalysisA costly mistake: Artist Court Collective Ltd v Khan
Overlooking the pre-emption rights of the owners of residential flats as set out in the Landlord and Tenant Act 1987 (LTA 1987) can be a costly mistake for property owners, warns Peter Reekie.
-
AnalysisSurvivorship clauses and the commorientes rule
Lesley King discusses survivorship clauses in wills following death and the recent judgment in Jump v Lister.
-
AnalysisContentious Probate Update - December 2016 (Part 1)
Roman Kubiak rounds up significant probate cases in recent months, including the Supreme Court judgment which overrules the reliance-based approach on illegality in Tinsley v Milligan.
-
AnalysisThe Consumer Rights Act: one year on
A steady trickle rather than a flood, suggests Rosie Ioannou.
-
AnalysisSpotlight: No 1 West India Quay (Residential) Ltd v East Tower Apartments Ltd
This recent High Court decision of No 1 West India Quay [2016] EWHC 2438 (Ch) will impact on landlords and tenants in situations where tenants want to assign a lease and a landlord wishes to or has refused consent. Kate Andrews, partner at Hamlins, analyses the judgment in more detail.
-
AnalysisAutumn statement 2016 – impact on law firms and their clients
Philip Hammond has delivered his first – and last – autumn statement as chancellor. What are the key points for law firms?
-
AnalysisThe end of unbundling? Sequence Properties v Patel
An appeal court ruling may have delivered a serious body blow to solicitors offering unbundled services without being held liable for matters beyond those in their client retainer. Alison Kirby discusses the Patel judgment.
-
AnalysisWhere liability lies: acting for fraudsters
The High Court has recently considered the liability of solicitors and estate agents who acted for a fraudulent seller. Peter Reekie explains
-
AnalysisDanger for solicitors where seller is a fraudster: P and P Property Ltd
Warren Gordon outlines the recent case of P&P Property Limited v (1) Owen White and Catlin LLP (2) Crownvent Limited t/a Winkworth, in which the seller was a fraudster
-
AnalysisLay of the land
It looks as if Brussels IV may not be as useful as hoped for UK-domiciled clients owning land in EU states, remarks Lesley King. What does this mean for UK practitioners?
-
Analysis86th update to the CPR now in force - what's new?
The 86th update to the Civil Procedure Rules has been published, coming into effect on 3 October 2016. Cait Sweeney guides you through the key change you need to know about - the replacement of existing CPR 52 (appeals) with a new part 52.
-
-
AnalysisVisions of the future: the post-Briggs consultation analysed
On 15 September, the Ministry of Justice (MoJ) opened its ‘Transforming our courts and tribunals’ consultation, which aims to put into effect many of the proposals put forward by Lord Justice Briggs in his Civil Courts Structure Review. It gives some useful insight into what the MoJ has in store ...
-
AnalysisSpotlight: Leaseholders of Foundling Court and O’Donnell Court v London Borough of Camden [2016] UKUT 0366 (LC)
The Upper Tribunal (Lands Chamber) has now clarified that superior landlords of residential premises must consult with both their tenants and subtenants prior to carrying out qualifying works or entering into long-term agreements. Kary Withers, partner in Clarke Willmott’s Property Litigation team, explains the significance of the decision for landlords ...