Latest News

Bank Owes Duty to Borrower to Investigate Reasons for Payment Default

A recent decision of the Supreme Court will come as a relief to anyone concerned that they may be left with an adverse credit rating if they terminate a credit agreement because of a breach of contract by the supplier of goods. The case appeared...

Lease Termination Notice Must Be in Specified Form, Rules Court

When a tenant failed to include precisely the right wording for exercising its right to break its lease, the court ruled that use of the exact words specified was not necessary and therefore disallowed the landlord's claim that the break notice was invalid. ...

Unreasonable Rejection of Mediation Leaves Tenant to Carry Costs

The Court of Appeal has handed down a judgment which should warn those engaged in legal disputes that the 'loser pays costs' rule in litigation is not a hard and fast one and that if the winner unreasonably refuses to mediate, they may end up carrying...

Who Carries the Cost of Mental Illness?

When the state becomes involved in paying for care, there are often complications, as a recent case illustrates. It involved a mentally ill man who had spent almost half his life detained in psychiatric hospitals. He subsequently became the focus of a row...

Slogan Fails Distinctiveness Test

Trade marks are a fairly difficult area in law and challenges to the registration (or, if registration is granted, the validity) of trade marks are common. Words and/or logos can be trade marks, but to be acceptable for registration a trade mark must be...

Informal Arrangements Land Woman With Massive Costs Bill

A woman who sold her mother's house in order to buy her a more suitable home has been left with a large legal costs bill as a result of her action. Her mother is incapacitated by dementia and unable to look after her own affairs. The resulting court case ...

Frustrated Classic Car Buyer Awarded More Than £120,000

A motoring enthusiast whose dream of owning an extremely rare Bristol car became a nightmare of escalating costs and contractual wrangling has been awarded more than £120,000 in damages by the High Court . The man had wanted a Bristol 405D drop head...

Liquidators Follow the Money to Trace Missing £500,000

In a classic case of 'following the money', determined liquidators have succeeded in tracing £500,000 which was paid out of a company's bank account shortly before it became insolvent, owing more than £1.4 million to the tax authorities. The...

Criminal Behaviour Does Not Negate Squatters' Rights

In a ground-breaking decision, which represents very bad news for private property owners , a builder who spotted an opportunity and took over a long-empty home more than ten years ago has struck a significant blow for squatters' rights. The High Court...

Failure to Recommend Offshore Tax Avoidance Scheme Not Negligent

The Court of Appeal has overturned the decision of the High Court that a firm of accountants had acted negligently when it failed to point out tax saving opportunities to a client when he sold his company. The accountants had failed to bring to the...
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