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The High Court has determined preliminary issues in a professional negligence claim against a firm of conveyancing solicitors brought by a mortgage lender.
An application for registration of the name CANARY WHARF by Canary Wharf Group as a trademark has been refused.
The Supreme Court has denied lenders a claim for equitable compensation for a solicitors’ breach of trust that exceeds that of the actual loss caused.
This is a cautionary tale for lenders to take care that their rights under an ‘all monies’ clause are not lost when enforcement action is taken against individual security in separate actions.
In the recent case of West v Ian Finlay & Associates, the Court of Appeal found that net contribution clauses ‘are by no means unusual’.
The Supreme Court has published its final decision in the North East Property Buyers litigation that has provided crucial clarity on priority interests in land.
When a court assesses the amount of costs payable by one party in litigation proceedings to another, the costs may be assessed on either a standard basis or an indemnity basis.
Rights of a subrogated creditor download
Subrogation is a remedy allowing a party to step into the shoes of another party assuming the benefit of any rights that second party may have in relation to a liability.
Southend-On-Sea Borough Council v Armour is a tenancy repossession case in which the tenant invoked a successful article 8 defence.
Developing allotments download
The term ‘allotment’ usually refers to land held by a local authority under the Allotment Acts 1908–1950, but it is also possible for allotments to be privately owned.
Legislation could permit landowners to voluntarily agree that certain things should be required or prohibited in respect of a piece of land for conservation purposes.
The Department for Communities and Local Government has launched a technical consultation on further proposals for reform of the planning process.
On 31 July 2014, the government published a technical consultation on further proposals for reform of the planning process.
A recent High Court case concerned borrowers who had a buy-to-let portfolio with many of the properties mortgaged.
Article 8 of the European Convention of Human Rights (ECHR) provides that everyone has a right to respect for his home.
In the case of McDonald and Others v McDonald, a married couple borrowed money by way of mortgage from a third party in order to acquire premises.
The issue in Aodhcon v Bridgeco was whether a bridging loan company had taken reasonable care to sell the property at the best price reasonably obtainable.
The government is seeking views on implementing enhanced powers to ensure the continuity of the supply of essential services to insolvent businesses and individuals.
Various amendments have been made to the Planning (Listed Building and Conservation Areas) Act 1990.
The Mannai case in 1997 made it clear that substantial compliance with a break notice was not sufficient; both the formal and the substantial elements must be adhered to.