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Most buildings insurance policies will insure the owner against ‘accidental’ damage to the property. The Technology and Construction Court (TCC) has recently had to consider what amounts to accidental damage. The case, which concerned a property in Leeds, was Leeds...
It has been reported recently that the residents of some high-end flats in central London are bringing a nuisance claim against the owners of the Tate Modern gallery. This is as a result of a new viewing platform which directly overlooks the flats. The residents...
In the spring budget in March, the government proposed to dramatically raise probate fees. The current fee is £215 (or £155 if done by a solicitor). The proposals would have seen fees on a sliding scale of £300 to £20,000, based on the estate's value. The news of the...
Contracts can be long and complex documents. Despite the time and effort that is often put in to drafting them they do still sometimes contain clauses that are unenforceable, or otherwise of no effect in law. When it is a whole clause that is invalid (then subject to...
The House of Lords Select Committee on the Licensing Act 2003 has this month published a report of Post-Legislative Scrutiny in respect of the Licensing Act. The Report’s findings The Report concludes that the Government originally made a substantial error in placing...
If you grant somebody permission to use your property, you could be granting them an interest in the property itself. There are a number of ways to allow someone to use your property; the most common of which are leases and licences. A licence grants a personal right...
If you are a residential landlord, it is important that you are up to date with the energy performance requirements. From 1 April 2018, the Energy Efficiency Regulations 2015 will require rented properties to have a minimum energy performance rating of E on an Energy...
The Court of Appeal’s recent judgment in Lejonvarn v Burgess and Another [2017] EWCA Civ 254 decided that the Technology and Construction Court (TCC) had correctly found that a professional consultant owed a duty of care in tort for services that she performed...
Research indicates that 40% of people in Britain believe ‘mortgage is the new marriage’. Purchasing a property with your other half may seem like a simple idea in order to climb the property ladder. However you must consider how to adequately protect yourself in the...
If you are considering buying or selling an existing business, you will be involved in the transfer of certain business assets. Most sales of a business involve the following assets changing hands: Goodwill The goodwill is the name, reputation and established customer...
As a result of the Immigration Act 2016, new powers preventing illegal working in bars, pubs, restaurants and nightclubs (to name but a few) came into force last week. Background Around 60% of all civil penalties for illegal working served in the UK in the year to...
The recent Supreme Court decision in the case of AIG Europe Limited -v- Woodman and Others [2017] UKSC 18, is of great significance for anyone interested in solicitors’ professional indemnity insurance. This decision has provided valuable guidance to the profession on...
At a time where traditional investments and future financial planning remain uncertain, people are increasingly turning to the residential property market in order to secure their financial future. It is becoming more common for people to purchase second homes and let...
The recent Court of Appeal decision in Thakkar and another v Patel and another [2017] EWCA Civ 117 has re-established the Court’s encouragement towards the use of mediation. The Court awarded a costs sanction against the Defendant for ‘dragging its feet’ in the...
The Inheritance Tax (IHT) rules are going to be changing next month with the introduction of a new allowance, the RESIDENTIAL NIL RATE BAND (RNRB). Andrew Milburn, the Head of our Wills and Probate department, explains the changes, and offers an opinion on how it...
We have previously written about testamentary freedom and the Court of Appeal’s decision in Ilott v Mitson [2015]. Since then, there has been an appeal to the Supreme Court, which has redefined the principles again. We will look at the Supreme Court's decision, and...
What is trespass to land? At its simplest, it is intentionally entering on to a person’s land without permission. Trespass to land takes many forms and can range from someone walking over your garden; squatting on land or in a property; encroaching over your boundary...
As a general rule, a Court will not intervene in the terms of a contract. This means that the Court will not allow you to escape a deal that you later regret. The Court does, however, have limited powers of rectification. These allow the Court to intervene in a...
There is an interesting article in the news this week concerning the National Trust. Grasmere Island in the Lake District is now, after over 120 years, coming into the ownership of the National Trust. Grasmere Island was actually the reason the National Trust was...
The Help to Buy scheme is a welcomed government initiative which has assisted thousands of people to purchase their dream home. You may have taken advantage of the scheme in order to purchase a brand new property which you would have not been able to afford otherwise....
Owners of flats are ordinarily required to pay service charges to the owner of the building (who we will call the Landlord). In recent years, the average service charges have increased dramatically. A study released last year found that service charges for new build...
We have previously looked at duties of care and the tort of negligence in another article. Here we saw that the duty of care owed by a professional to his client is likely to be wider than that of a non-professional. However, how wide is it? Can a professional limit...
Have you provided goods or services and your customer has not paid up? There are various ways in which you can enforce the unpaid debt against the debtor. We have previously looked at enforcing judgments against companies, but what about where the debtor is an...
It is an unfortunate reality that many people may find themselves in a position whereby they are not able to make decisions for themselves. Should this happen, it falls to third parties (particularly family members) to look after you. This may be harder than it...
Boundary disputes are some of the more contentious disputes with which our litigation department deals. When we are approached by prospective clients, it is not uncommon for the parties to be entrenched, usually metaphorically, but sometimes literally, in their...
What is a contract and what can i do if there is a breach of contract? Contracts have been a fundamental part of the legal world since at least the Roman period. They are a means by which parties bind each other into a business or consumer relationship. When most...
As a Landlord of residential property, you may find you let your property to a number of tenants over the years. Ideally, you will find good tenants who pay the rent on time and keep the property in good repair. However, what can you do if you find yourself in a...
Last Wednesday, the Supreme Court handed down judgment in the case of FirstGroup Plc v Paulley [2017] UKSC 4. This case is widely considered to be one of the most notable judgments relating to the treatment of people with a disability in recent years. What was the...
Purchasing your first property is an exciting time of your life. However, there are a lot of things to consider when looking for your perfect home and too much information can be overwhelming. Here are my top tips for first time buyers: Sort out your finances A...
To enter into a binding contract, both parties must be capable of doing so. By capable I mean that the parties are of sufficient age and have sufficient mental capacity to do so. Mental capacity often comes up when parties are trying to escape the effects of a...
