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When considered practically, the logical approach would be that a property is worth however much people are prepared to pay for it.
Case update: a chattel or a fixture? download
The degree and object of annexation were the key principles for the High Court to consider in the recent case of Lictor Anstalt v Mir Steel UK Ltd and Libala Ltd.
The issue was who should bear the cost of rates liabilities where a lease has been disclaimed and the landlord has not re-entered the property.
A legal charge may be invalid if it is not properly executed but a lender can still rely on it as equitable security download
In the recent case of Bank of Scotland v Waugh the High Court considered the execution of a legal charge and the impact of signatures on the document not having been witnessed.
In principle, a business can recover the costs of its in-house legal staff doing legal work in civil litigation from the other side (provided of course that it has been awarded its costs by the court).
The issue of whether a document is a guarantee or an indemnity regularly comes before the courts.
Employment tribunal fees to remain download
After much ‘will they, won’t they’ speculation, the High Court has dismissed UNISON’s challenge to the introduction of employment tribunal fees.
We reported in our June newsletter on the European case in which a Danish childminder (Mr Kaltoft) brought a claim against his local authority arguing that his obesity amounted to a disability under the Equal Treatment Directive.
This round-up provides a summary of five different cases, each with commentary from Walker Morris.
No, the starting point is that a loss of profit may be either a direct or indirect loss.
What do you do if you can’t serve documents on the other side in the usual way, either because you can’t find them or because they are being difficult about accepting documents?
It is not uncommon for parties to want to include the terms of one contract, such as a framework agreement, into the terms of another contract, such as a sub-contract.
In Polypearl Ltd v E.On Energy Solutions Ltd the claimant entered into a supply contract with the defendant.
Non-disclosure of the amount of PPI commission paid to the lender rendered its relationship with the borrower unfair download
The Supreme Court has ruled that non-disclosure of the significant amount of commission earned by a lender created unfairness in the borrower’s relationship with it.
In Greenwich LBC v Tuitt Mrs Tuitt was a secure tenant of the local authority.
A director of a company who has breached his fiduciary duties as a director could not then, in his capacity as the company’s sole shareholder, ratify the breach where the company was insolvent.
The Financial Conduct Authority is currently consulting on proposed changes to the rules on complaints handling and customers’ access to the Financial Ombudsman Service.
What’s coming up: the major cases, government policy changes, and litigation and dispute resolution legislation to look out for in 2015 download
Walker Morris presents some of the key upcoming decisions in major cases, changes to government policy and forthcoming legislation relating to litigation and dispute resolution.
The answer is yes, if they were not created as part of a genuine attempt to settle an existing dispute.
In Rentokil Initial 1927 PLC v Goodman Derrick LLP, the claimant’s refusal to waive privilege was criticised by the court.