On 1 April 2013, the majority of the Jackson/civil litigation reforms came into force. As a result of these changes, after the event (ATE) insurance premiums are no longer recoverable from the other side, where the insurance policy is issued…
A house owner has been awarded almost £380,000 in damages and interest against a partner in a building firm who fraudulently induced him into entering into a contract for the renovation and extension of his property. The builder had ‘participated…
When a firm of consulting engineers created an ‘egregious delay’ in the commencement of a building project, they found themselves liable for the losses suffered by the landowner as a result. The firm had been appointed to design a road…
The Ministry of Justice has recently confirmed that the law on distress will be abolished. Whilst the law of distress is considered by many to be anachronistic, it has nonetheless proven a very useful tool for commercial landlords over the…
Insolvent tenants can be a major headache for landlords. For example, when a corporate tenant goes into administration, the landlord needs to obtain the consent of the administrator, or of the court, to forfeit the lease. This is because administration…
In these straitened times, it is regrettably not uncommon for a buyer to withdraw from the purchase of a property after a legal agreement to purchase has been completed. When this happens, the vendor may be entitled to claim damages…
Just because a term in a contract is breached does not necessarily mean that the contract can be rescinded, as was demonstrated by a dispute between a company that owned land and a wind farm company. The company that owned…
A recent High Court case shows the dangers of negotiating in a dispute without legal representation. It also illustrates that an agreement which disposes of an interest in land does not have to be in writing if the purpose of…
Asbestos is present in many buildings and is usually safe if left undisturbed. However, if it is disturbed and asbestos particles are released into the air and inhaled or ingested, it can cause fatal diseases. A contractor has been fined…
A property developer who ended up on the receiving end of a judge's moral views when he claimed more than £100,000 damages after his Rolls Royce was dented in a minor road accident has failed to convince the Court of…
