Trustees' duties
Review and inform: discuss a case that emphasises the high standards the courts expect from trustees towards beneficiaries. First published in Trusts and Estates Law & Tax Journal, June 2011.
Download PDFBuilding works took a shine off tinsel-making business
The Message: An employer is not generally liable for the unlawful acts of an independent contractor.
The Case: The court considered which parties the claimant could sue and what damages could be recovered, for damage caused to manufacturing equipment by dust during building works in Tinseltime v Roberts and others.
Read moreTax: Current state of play
Download PDFRowe up a creek without a paddle
The Message: Failure to comply with the strict requirements of a contract may be fatal.
The Case: The Court of Appeal has decided whether a buyer of development land can rely on a technical breach to free itself from an uncommercial contract in Barratt London North v JM Rowe Investments (12.05.11).
Read moreA wake-up call to contact your witnesses early
The Message: Parties should ensure they serve all their witness evidence before trial
The Case: Litigation between Nottinghamshire and City of Nottingham Fire Authority and Gladman Commercial Properties (20.04.11) raised the issue of whether important evidence should be allowed some time after the case has started.
Read moreDon’t put off until tomorrow a claim you can pursue today
The Message: There are strict time limits for bringing property claims
Read moreWithold temptation to self-instruct
The Message: Commercial property agents have to be sure who their client is.
The Case: The High Court has determined whether an agent can recover commission on securing a property for a party with whom it did not have a direct contract (Lorenz Consultancy v Fox-Davies Capital, 17.03.11).
Read moreUS Estate tax legislation - seize the moment
Published in STEP Journal, April 2011.
Download PDFDishonesty is not the best insurance policy
The Message: Honesty is the best policy when making insurance claims.
The Case: An insurance company sought to recover over £230,000 paid out for subsidence damage on the basis the insured had misled it into paying too much (Aviva Insurance Ltd-v-Brown (25/2/2011)).
Read moreTerminal dilapidations claims: recovery of fees
Rosalind Cullis assesses in what circumstances third party professional fees are recoverable.
First published in Property Law Journal, 7 March 2011.
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