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Litigation Funding for Farmers and Rural Landowners

Disputes, unfortunately, occur. When they do, farmers and rural landowners can be reassured that in the wake of the recent ‘Jackson’ reforms to English civil litigation costs, which were implemented on 1 April 2013, Stephens Scown LLP can provide a …

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The dangers of hosting a blog

In the recent case of Tamiz v Google Inc, the Court of Appeal upheld the High Court’s decision to decline jurisdiction in a defamation claim against Google Inc’s blogging platform.  Significantly, however, the Court of Appeal found that it was …

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COMMENT

Can you acquire adverse possession of land if you are a registered owner?

In Parshall v Hackney, the Court had to consider the above question. Parshall had purchased 29 Milner Street in 2006 and was the registered owner of that property. The title to that property had first been registered in 1904.   At …

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Who uses the Commercial Court?

Research published this week by the Portland communications firm has produced some interesting findings on the nationality of litigants who use the Commercial Court in London. The study, Who Uses the Commercial Court, found that foreign litigants are now dominating …

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COMMENT

Interest rate hedging products review update

Since announcing the review of the sale of various interest rate hedging products last June, little obvious progress seemed to have been made. In January this year, the FSA announced the conclusion of the pilot scheme, made some small amendments …

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COMMENT

Town and Village Greens Update – Likely to be “developer friendly”

Under Section 15 of the Commons Act 2006 (CA2006), anyone can apply to register land as a town or village green (TVG) where “a significant number of the inhabitants of any locality, or of any neighbourhood within the locality have …

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COMMENT

Litigation and costs orders

In a recent unreported case, the Court of Appeal was asked to consider whether or not a party’s behaviour should disentitle it to costs against a Claimant which had discontinued its claim.  The facts of the case are not reported, …

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COMMENT

Break Clauses – A Consideration of Conditions

In the current climate tenants may be more likely to want to exercise a break clause to escape further obligations under a lease. Because the break clause allows a tenant to bring an end to the lease before the end …

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COMMENT

Liability for fire “escaping”

The Court of Appeal has recently had to consider whether an occupier of land is liable for damage where a fire is started on his land (without fault) and causes damage to neighbouring land.  The old case of Rylands v …

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COMMENT

Net contribution clause did not include main contractor

Earlier this month in the case of West and another v Ian Finlay & Associates, the Technology and Construction Court decided that an architect was liable to its residential property-owning clients for failure to exercise contractually-required reasonable skill and care …

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