All articles by Jonathan Ross – Page 10
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Professional
The law made simple - Battle to escape contract to buy fails
A company that had agreed to buy three flats for £5.85m has failed in its claim that, because the vendor failed to serve a written notice, it was released from its contract and entitled to recover its deposits. However, the court did exercise its discretion and ordered the repayment of ...
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Professional
The law made simple - A reasonable time is now days, not weeks
Landlords beware. the courts have drastically reduced the amount of time considered reasonable to answer a tenant's request to assign or underlet.Failure to respond within a reasonable time can expose the landlord to a claim for considerable damages if the proposed assignment or underletting falls through. A landlord that fails ...
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Professional
Law made simple - Margin of error
The case of David Goldstein v Levy Gee (1 July) highlights once again the issue of negligence in valuations and the existence of an acceptable margin of error, at least as far as the courts are concerned.David Goldstein sued auditor Levy Gee over the valuation of his shareholding in Marchday ...
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Professional
Who's suing whom
Damages and profits claimOn 27 August 2003, Brightwater Properties started proceedings against Brunswick Properties and Brian and Jamie Colwell. It claims substantial damages and an account of profits on two points: that Brunswick Properties had breached the terms of its agreements by being involved in other property developments to the ...
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Professional
Acid testing the expert witness
Despite many warnings, expert witnesses are still falling foul of the rules on impartiality.
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Professional
The law made simple: When human rights and property mix
The Human Rights Act is having a growing influence on property
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Professional
The law made simple: What price justice? £400 an hour
The Canary Wharf Group v Telegraph Group case has highlighted the huge cost of going to court
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Professional
Who's suing whom
Mount Cook sues rent guarantorOn 10 June 2003, Mount Cook Land commenced proceedings against Technical & General Guarantee Company on the grounds that the defendant was liable under a rent guarantee bond for arrears of rent up to £60,000 in relation to the letting of premises at 42-48 Great Portland ...
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Professional
Who's suing whom
Damage limitationOn 6 May 2003 the Church Commissioners for England issued proceedings against Coal Pension Properties and H Smith (Engineers). Church Commissioners sought an injunction to restrain the defendants from causing damage to the Old Deanery, Deans Court, St Paul's Churchyard, London EC4, as a result of demolition works at ...