When a road traffic accident results from the road being in a dangerous condition due to being in poor repair, the court is required to consider the extent of the danger and whether it results from a failure by the responsible authority to repair or maintain...
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The amalgamation of the Office of Fair Trading and the Competition Commission into a new body, the Competition and Markets Authority, has not attracted much attention. In practical terms, most of the resulting changes seem to be minor. However, one change...
Property can be owned in joint names as joint tenants, which means that each co-owner owns an undivided share in the whole property (and would therefore be the sole owner on the death of any co-owners), or as tenants in common, where each co-owner has a...
The legal principle that the loser pays the costs of the winner in litigation usually holds good, but it is not true in all cases, as a recent intellectual property (IP) case illustrates. It involved an alleged breach of patent rights, in which the...
When a person no longer has the mental capacity to make a valid will (‘testamentary capacity’ in legal terms), an application can be made for a ‘statutory will’ to be created for them. When this is done, the court collects evidence as...
A Supreme Court ruling has brought clarity to the long-running debate over the liability of employers for damages payable to employees who contract mesothelioma. Mesothelioma is an aggressive and fatal cancer of the lining of the lungs and can be caused...
When a 43-year-old Spanish-born man and his wife divorced 15 years after their marriage in Spain, having lived in England since 2004 and raised two children (now 12 and 10) here, the question for the court was which matrimonial regime should apply –...
A tenant wished to break its lease and served the appropriate notice on its landlord. However, the tenant had taken a supplemental lease on the adjacent premises after entering into the first lease, and the initial lease had been varied to require the tenant...
A bequest in a will can fail for a number of reasons, one of the commonest of which is that the beneficiary is uncertain. For example, a bequest to a ‘cancer charity’ would fail because the words do not make it clear which particular charity is...
Below cost selling is a well-known tactic for weakening competitors or protecting market share. Because it can be effective in discouraging competition in the long term, the competition regulators in EU countries take seriously complaints that such practices...
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