All Analysis articles – Page 6
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AnalysisHarlequin Property (SVG) Ltd v Wilkins Kennedy [2015] EWHC 3050 (TCC)
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
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AnalysisA new easement
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).
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AnalysisThevarajah v Riordan [2015] UKSC 78
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
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AnalysisRectifying the situation
Lesley King considers a recent High Court decision that provides a useful reminder of the availability to trustees of the section 48 procedure under the Administration of Justice Act 1985.
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AnalysisTalking shop
Peter Reekie considers Jewelcraft Ltd v Pressland, in which the Court of Appeal has clarified what is a ‘house’ for the purposes of enfranchisement under the Leasehold Reform Act 1967.
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AnalysisProperty Section committee end of year review
We speak to Property Section committee members Myfanwy McDonagh and Philip Askew, and chair of the land law and conveyancing committee Warren Gordon, about their experiences of 2015, and what’s on the horizon for 2016
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AnalysisOnly strong evidence can rebut presumption of due execution
The High Court has confirmed existing case law on the level of evidence required to rebut the presumption of due execution of a will that conforms with section 9 of the Wills Act 1837. Lesley King explains more
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AnalysisSpotlight: Marks & Spencer v BNP Paribas [2015] UKSC 72
Nick Levy, real estate litigation partner at Trowers & Hamlins, discusses the last chapter in the long-running Marks & Spencer break clause litigation, in which the Supreme Court has held that tenants cannot recover any rent paid in advance when they exercise a break clause
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AnalysisSpotlight: E.Surv v Goldsmith Williams [2015] EWCA Civ 1147
Kevin O’Brien, director and head of lender services at JCP Solicitors, comments on this recent Court of Appeal decision, likely to be of particular interest to lenders, and to solicitors acting for lenders
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AnalysisSpotlight: Autumn statement 2015
Fionnuala Lynch, tax partner at Hamlins LLP, comments on the property headlines in this week’s autumn statement
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AnalysisSpotlight: Autumn Statement 2015
Patrick Connolly explains the key financial planning points from this year’s autumn statement
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AnalysisMissing, presumed dead
Lesley King rounds up the latest private client developments, including a proprietary estoppel case and Lord Lucan’s son’s move to have his father declared officially dead under the Presumption of Death Act
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AnalysisChallenging the notice to complete
In Hakimzay Ltd v Swailes, the High Court considered an attempt by a party that had been served with a notice to complete to evade the enforcement of the contract. Peter Reekie explains why they failed
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AnalysisSupreme Court dismisses ParkingEye appeal: our analysis
In the first review of the law of penalties in a century, the Supreme Court has found in favour of ParkingEye 6-1. Cait Sweeney considers the implications of this hugely significant judgment
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AnalysisHallows v Wilson Barca LLP (2015)
This case is only available as a summary on Lawtel at present, but suggests that the duties imposed on public bodies by the Freedom of Information Act 2000 can be relevant to the common law doctrine of legal professional privilege
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AnalysisPensions blow for same-sex couples
The Court of Appeal has ruled that civil partners’ spouses are not entitled to pension benefits accrued before December 2005
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AnalysisRamsay v Ramsay: capacity does not have to be perfect
Lesley King discusses Ramsay v Ramsey [2015] All ER (D) 32 (Sep), the latest in a long line of wills made by elderly people that has been challenged by one or more of their children on the basis of lack of testamentary capacity
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AnalysisKerins v Heart of England NHS Foundation Trust (unreported, 31 July 2015)
The court considered whether the conduct of the claimant’s solicitors had been unreasonable or improper within the meaning of CPR 44.11, conduct that included the intentional failure to disclose the existence of a CFA
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AnalysisChalet or chattel?
In Spielplatz Ltd v Pearson, the Court of Appeal had to decide whether a chalet was a chattel or had become part of the land on which it was situated. Peter Reekie explains
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AnalysisBritish Airways plc v Spencer (Trustees of the Airways Pensions Scheme) [2015] EWHC 2477
The High Court considers the meaning and purpose of CPR 35.1, and provides guidance on when expert evidence is ‘reasonably required’