All Analysis articles – Page 5
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AnalysisMendes v Hochtief (UK) Construction Ltd [2016] EWHC 976 (QB)
Mr Justice Coulson has ruled that a claimant could recover trial advocacy fees under CPR 45 when a claim settled on the day of the hearing, before the trial was heard
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AnalysisBolt Burdon Solicitors v Tariq & Ors [2016] EWHC 811 (QB)
The court upholds a contingency fee agreement whereby the solicitors billed £498,083.52, whereas on a time basis the total would have been around £50,000.00 - an 800 per cent uplift
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AnalysisSpotlight: Purrunsing v 1) A’Court & Co; 2) House Owners Conveyancers Ltd [2016] EWHC 789 (Ch)
In the first reported case concerning a breach of trust by a seller’s solicitors of duties owed to the buyer, the court found the solicitors liable. Douglas Rhodes looks at the important lessons all conveyancers should take away from the decision
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AnalysisDishonest discharge
The High Court has ruled that Land Registry can sue conveyancers for mortgage representations - a reminder of the care that needs to be taken when making representations, says Peter Reekie
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AnalysisThe biggest contentious probate cases of 2016 so far
Roman Kubiak, partner at Hugh James, takes a look at some of the most notable cases in the contentious trusts and probate field over the last few months.
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AnalysisThe biggest contentious probate cases of 2016 so far
Roman Kubiak, partner at Hugh James, takes a look at some of the most notable cases in the contentious trusts and probate field over the last few months.
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AnalysisSpotlight: EMI Group Ltd v O&H Q1 Ltd [2016] EWHC 529 (Ch)
The High Court has confirmed that a tenant cannot assign to its guarantor - prohibited under the Landlord and Tenant (Covenants) Act 1995. Douglas Rhodes, senior associate at Trowers & Hamlins, explains why all property practitioners need to be aware of this important decision that rules void a common industry ...
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AnalysisCosts of trust litigation: Blades v Isaac & Alexander
Lesley King discusses Blades v Isaac & Alexander [2016] EWHC 601 (Ch), which raises some some interesting points on the role of executors and trustees of discretionary trusts.
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AnalysisFamily Mosaic Home Ownership Ltd v Peer Real Estate Ltd [2016] EWHC 257 (Ch)
The High Court has given guidance on the transfer of existing cases to the Shorter Trials Scheme
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AnalysisSpotlight: Budget 2016
John D Bunker, head of Private Client Knowledge Management at Thomas Eggar, brings you up to speed on the key private client measures in this year’s budget
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AnalysisSpotlight: Budget 2016 – bad news for big business and buy-to-let?
For the losers in this year’s budget, it inevitably means more tax. For the winners, it isn’t simply about paying later, but whether they have to pay at all. James Letchford, a property partner at Thomas Eggar (part of the Irwin Mitchell Group), considers some of the key announcements.
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AnalysisConsumer protection has arrived in conveyancing - are you ready?
Legislation in force since 2014 has a significant impact on the duties of solicitors in conveyancing transactions in general and dealings involving consumers. Lawrence Heller explains
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AnalysisIntended occupation
Our case this month saw the Court of Appeal clarifiy the test for a landlord successfully resisting an application for a new lease on the basis it intends to occupy the premises for the purpose of its own business.
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AnalysisGreat news for claimants? Fixed costs trumped by part 36 offer
Lord Dyson has ruled that assessed costs should trump fixed costs where claimants secure more than they had offered to settle for, and said that parliament had not intended to create a scheme to penalise claimants when it had established a fixed costs regime
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AnalysisGoing it alone
Lesley discusses a recent First-tier Tribunal which saw executors who had chosen to administer an estate without professional advice left with personal liability for an income tax bill that they were unable to settle from the estate
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AnalysisYou may well ask
The High Court has awarded damages to a buyer following rescission of a property contract for fraudulent misrepresentations in pre-contractual enquiries. Peter Reekie has the facts
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AnalysisSuh v Mace (UK) Ltd [2016] EWCA Civ 4
Court of Appeal rules that litigants in persons can benefit from ‘without prejudice’ rule without knowing what it means
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AnalysisSugar Hut Group Ltd v AJ Insurance Service [2016] EWCA Civ 46
What are the costs consequences following the making of part 36 offers? The Court of Appeal overturns a decision on costs and confirms there is no ’near miss’ rule for part 36 offers
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AnalysisLord Lucan is officially dead
Lesley King rounds up the latest talking points in private client law, including Lord Lucan’s officially declared dead after over 40 years, and a High Court ruling that the lack of a personal representative does not allow a beneficiary to bring an action to protect assets on behalf of an ...
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AnalysisR v Secretary of State for Justice [2016] UKSC 2
The Supreme Court has granted anonymity to a double-murderer. When is it right to keep the names of parties to civil litigation a secret?