Category Archives: Disputes with Individuals
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 …
It is a fundamental principle of English and Welsh law that someone is free to dispose of their Estate as they so wish on their death by making a Will. If the deceased did not make a Will or if …
A boundary is a line that divides two or more contiguous pieces of land. A boundary can be marked by a physical feature (which can be natural or artificial) or it may not necessarily be apparent on the ground. Boundary …
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 …
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 …
Contracts made between parties operating in the construction industry are often the subject of disputes. Due to the complex nature of building contracts, and the delays and disputes that arise in relation to them, court proceedings to determine the level …
Banks have now started the fact find process which will lead to a review by the bank of the circumstances of the customers and the swap sale process. We have attended a telephone interview which lasted approximately 3½ hours, which …
It has been impossible for solicitors to enter into contingency fee agreements with clients for a very long time, but only for work done outside the realms of litigation. Once court proceedings were underway, solicitors were not allowed to work …
Part 36 of the Civil Procedure Rules (“CPR”) provides a mechanism whereby the parties to a dispute can make a formal offer to settle the claim. If a valid Part 36 offer is made and accepted within the period specified …
The Court of Appeal has considered the circumstances in which the court may depart from the “default” costs position following the discontinuance of a claim. The usual rule is that the discontinuing party (the claimant) is liable to pay the …
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