All Analysis articles – Page 5

  • Peter Reekie, commentator
    Analysis

    Dishonest discharge

    2016-04-26T14:50:00Z

    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

  • Roman-Kubiak-new-black-and-white
    Analysis

    The biggest contentious probate cases of 2016 so far

    2016-04-08T15:25:00Z

    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.

  • Roman-Kubiak-new-black-and-white
    Analysis

    The biggest contentious probate cases of 2016 so far

    2016-04-08T12:38:00Z

    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.

  • douglas rhodes
    Analysis

    Spotlight: EMI Group Ltd v O&H Q1 Ltd [2016] EWHC 529 (Ch)

    2016-04-08T12:20:00Z

    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 ...

  • Lesley King new
    Analysis

    Costs of trust litigation: Blades v Isaac & Alexander

    2016-04-08T10:02:00Z

    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.

  • Cait Sweeney NEW
    Analysis

    Family Mosaic Home Ownership Ltd v Peer Real Estate Ltd [2016] EWHC 257 (Ch)

    2016-03-24T13:29:00Z

    The High Court has given guidance on the transfer of existing cases to the Shorter Trials Scheme 

  • john bunker
    Analysis

    Spotlight: Budget 2016

    2016-03-24T11:38:00Z

    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

  • james letchford
    Analysis

    Spotlight: Budget 2016 – bad news for big business and buy-to-let?

    2016-03-18T15:21:00Z

    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.

  • lawrence heller
    Analysis

    Consumer protection has arrived in conveyancing - are you ready?

    2016-03-15T14:25:00Z

    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

  • Peter Reekie, commentator
    Analysis

    Intended occupation

    2016-03-15T14:21:00Z

    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.

  • Royal Courts of Justice, Strand London
    Analysis

    Great news for claimants? Fixed costs trumped by part 36 offer

    2016-03-10T16:20:00Z

    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

  • Lesley King new
    Analysis

    Going it alone

    2016-03-01T14:20:00Z

    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

  • Peter Reekie, commentator
    Analysis

    You may well ask

    2016-02-22T12:52:00Z

    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

  • Cait Sweeney NEW
    Analysis

    Suh v Mace (UK) Ltd [2016] EWCA Civ 4

    2016-02-15T10:57:00Z

    Court of Appeal rules that litigants in persons can benefit from ‘without prejudice’ rule without knowing what it means

  • Cait Sweeney NEW
    Analysis

    Sugar Hut Group Ltd v AJ Insurance Service [2016] EWCA Civ 46

    2016-02-12T15:16:00Z

    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

  • Lesley King new
    Analysis

    Lord Lucan is officially dead

    2016-02-10T16:29:00Z

    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 ...

  • Cait Sweeney NEW
    Analysis

    R v Secretary of State for Justice [2016] UKSC 2

    2016-02-04T13:29:00Z

    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?

  • Cait Sweeney NEW
    Analysis

    Harlequin Property (SVG) Ltd v Wilkins Kennedy [2015] EWHC 3050 (TCC)

    2016-02-02T14:32:00Z

    A very wide approach to the inspection of confidential material? The court has ruled that the disclosure of confidential Serious Fraud Office and client documents to dispose fairly of the issues overweighed any public interest in keeping them witheld

  • Peter Reekie, commentator
    Analysis

    A new easement

    2016-01-22T15:22:00Z

    Is it possible to have an easement to use things like a tennis court or a golf course and to do so for free? This was the main issue in our case this month, Regency Villas Title Ltd v Diamond Resorts (Europe) Ltd [2015] EWHC 3564 (Ch).

  • Cait Sweeney NEW
    Analysis

    Thevarajah v Riordan [2015] UKSC 78

    2016-01-18T17:06:00Z

    An important decision from the Supreme Court that has reaffirmed that a party who has failed to obtain relief from sanctions cannot make another application without demonstrating a change in circumstances