All Analysis articles – Page 6
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AnalysisP v P [2015] EWCA Civ 447
Court of Appeal upholds Mr Justice Mostyn’s decision to vary a trust in a nuptial settlement, in order to meet the wife’s financial claim. In his judgment, Lord Justice Jackson gave guidance about the procedure to appeal a High Court decision
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Analysis
Cashman v Mid Essex Hospital Services NHS Trust [2015] EWHC 1312 (QB)
The High Court overrules a senior costs judge, after he denied a claimant who made a successful part 36 offer in detailed assessment proceedings the additional 10% uplift
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AnalysisThe right to an indemnity: Swift reaches the Court of Appeal
In what circumstances may registered chargees be entitled to an indemnity under schedule 8 to the Land Registration Act 2002?
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AnalysisRaising the issue
In Reading v Reading, the court was asked to decide whether the word ’issue’ included the testator’s stepchildren and their descendants as well as his own descendants and, if not, to rectify the will.
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AnalysisAll change for landlords' repairing obligations?
Peter Reekie considers a case which addresses the extent of a landlord’s repairing obligations where only part of a building is let
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AnalysisSpotlight: Edwards v Kumarasamy
The Court of Appeal’s recent interpretation of section 11 of the Landlord and Tenant Act 1985 has broadened the repairing obligations of landlords
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Analysis
CIP Properties Ltd (AIPT) v Galliford Try Infrastructure Ltd [2015] EWHC 481 (TCC)
How to deal with costs management in circumstances where the claimant’s budget was “entirely unreliable” and where the costs were “wholly disproportionate”
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AnalysisBeneficiaries beware: lifetime gifts and IHT penalties
Lesley King analyses the first reported case on third party penalties for withholding information from executors
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AnalysisSpotlight: SDLT changes - what you need to know
The chancellor in his Autumn Statement announced major changes to stamp duty land tax on residential properties, in force from 4 December 2014. Marlon Appleton outlines what the changes will mean for practititioners
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Analysis
Home Group Ltd v Matrejek [2015] EWHC 441 (QB)
The High Court has allowed a case to continue despite a party failing to turn up for a directions hearing, and post-Denton, is another expression of leniency by the court in relation to parties seeking relief from sanctions
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Analysis
Hamed v Mills & Tottenham Hotspur Football Club [2015] EWHC 298 (QB)
In this case, which provides a useful example of cost assessment in cases where there are two parties and part 36 offers, the court found negligence on the part of a doctor and football club in a claim brought by a professional football player
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Analysis
Yeo v Times Newspapers Ltd [2015] EWHC 209 (QB)
The High Court has highlighted some common issues that arise in costs management, and given general guidance on completing costs budgets
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Analysis
Kazakhstan Kagazy plc v Baglan Abdullayevich Zhunus [2015] EWHC 404 (Comm)
It may be reasonable for a party incurring costs to spare no expense in a case where large amounts of money are at stake, says Mr Justice Leggatt.
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AnalysisDBAs: where do they stand?
Rocco Pirozzolo looks at the future of damages-based agreements - where do they go from here?
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AnalysisSpotlight: Walford v Worcestershire County Council [2015] EWCA Civ 22
A local authority has successfully challenged a ruling concerning the application of the property disregard when an individual enters residential care
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AnalysisSavoye and Savoye Ltd v Spicers Ltd [2015] EWHC 33 (TCC)
High Court has more than halved a successful party’s costs on summary assessment on the basis of proportionality, in one of the clearest applications of the new proportionality rule seen so far
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AnalysisWhat you see is what you get
Hardy v Griffiths is a salutary reminder to carry out a survey before, and arrange an inspection of, the property as close to exchange of contracts as possible
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AnalysisSpotlight: Charalambous v Ng
In yet another twist in the tale of tenancy deposits, the Court of Appeal has been presented with another scenario not clearly addressed by the relevant legislation or existing case law
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AnalysisWho would be a trustee?
Lesley King discusses the Earl of Cardigan’s action for the removal of the trustees of his Wiltshire estate, in which a trustee was ordered to pay back their salary after their relationship with the Earl broke down irreparably
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AnalysisSupreme Court upholds decision on breach of trust damages to lenders
The Supreme Court has dismissed an appeal made by AIB Group for compensation for both an error made by a law firm, plus all its other losses, following breach of trust in a remortgage transaction