Test – Page 178
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Analysis
Bywater Properties Investments LLP & Ors v Oswestry Town Council
Construing a rent review clause in a 1960s lease.
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Analysis
Thevarajah v Riordan [2014] EWCA Civ 15
Court of Appeal overturned the Chancery Division’s (ChD) decision to grant relief from sanctions, finding that the ChD could not make an inconsistent order granting relief unless and until the original order had been set aside by way of a variation or revocation.
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Analysis
Murills v Berlanda and Belvedere Medical Group Ltd (in liquidation) [2014] EWCA Civ 6
This case was struck out by the Court of Appeal because the claimant’s solicitors had not followed the right procedure for service of court proceedings and not given an address for service of the claim form.
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Analysis
Rehill v Rider Holdings [2014] EWCA Civ 42
Court of Appeal ruled in favour of the defendant on withdrawn part 36 offer to settle a personal injury claim made when the claimant knew his prognosis was clear, and orders the dishonest claimant to pay litigation costs.
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Analysis
Starbev GP Ltd v Interbrew Central European Holding BV [2013] EWHC 4038 (Comm)
A reminder of the test the court must apply when considering whether a document is subject to litigation privilege.
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Analysis
MA Lloyd & Sons Ltd v PPC International Ltd [2014] EWHC 41 (QB)
The claimant was debarred from producing evidence about an issue at trial because it failed to comply with an order for exchange of witness statements.
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Analysis
Webb Resolutions Ltd v E-Surv Ltd [2014] EWHC 49 (QB)
This case illustrates more robust and stricter approach the courts are now taking, following the Jackson reforms, and how not complying with court rules can lead to heavy costs sanctions.
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FeatureBeyond repair
The changes to chancel repair liability are now almost five months old, but there remains little clarity about their impact in practice. Jennifer Slade investigates, and members of the Property Section executive committee provide their own perspectives
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OpinionTimes are changing
Private Client Section chair Simon Leney looks at the changes in the air this Spring on a number of fronts: for clients, for solicitors, and for the Private Client Section itself
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FeatureNo more secrets
Patricia Wass looks at the impact of new guidance aimed at increasing transparency in the Court of Protection
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FeatureTime is of the essence
In the recent case of Berger v Berger, the Court of Appeal examined afresh the issue of family provision claims brought out of time, in a judgment that also contains lessons for those advising elderly clients with life interests under a will. Nichola Phillipson reports
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FeatureWorking together
Nichola Sims explains the extensive information that charities need from solicitors when a legacy is bequested to them, and provides a template letter drawn up by the Institute of Legacy Managememt to show solicitors what to expect from a charity’s first contact
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FeatureWealth of advice
Rohan Armes explores the role of an investment manager in giving life to a financial settlement after a divorce, and explains the factors that must be considered when investing a lump sum settlement
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FeatureTrading places
A number of recent cases point to a worrying new trend by HM Revenue & Customs, whereby it assesses farms as investment rather than trading businesses – which do not therefore qualify for business property relief. Julie Butler explains what action farmers need to take
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NewsFirst firms accredited for WIQS
The Law Society has accredited the first group of law firms to its new Wills and Inheritance Quality Scheme (WIQS). So far, more than 40 firms have been accredited, with this number increasing as applications are processed by the Law Society. The scheme, which opened for applications last October, is ...
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News
New offence of ill-treatment
Following the Francis Report, which was the final report of the Mid Staffordshire NHS Foundation Trust Public Inquiry, the Department of Health has accepted the recommendation of the National Advisory Group on the Safety of Patients in England to develop a new criminal offence of ill-treatment or wilful neglect. This ...
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NewsLooking for a will?
If you are looking for a missing will, the first port of call will probably be local solicitors or law society. However, if the firm holding the will has been subject to an intervention by the Solicitors Regulation Authority (SRA), its closed files will be stored by the SRA. The ...
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OpinionRisky business
With the sobering news in January that 136 firms have folded, having failed to obtain professional indemnity insurance, Peter Rodd explains how firms could better manage risk to avoid becoming another statistic.