All articles by Legal case news Jonathan Ross – Page 2
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Professional
Court mauls Tiger Aspect’s appeal against dilapidations claim
The message: Dilapidations claims can be based on the cost of different works.
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Professional
An unsettling warning to intransigent litigants
The message: A party can be severely penalised for failing to engage in alternative dispute resolution.
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Professional
Subletting: this time it’s personal
The message: sometimes it is better to leave an issue well alone.
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Professional
Police fund disturbed by ‘riotous and tumultuous assembly’
Cases can highlight archaic laws that still apply
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Professional
Actions speak louder than words in break clauses
The message: the law will seek to let justice triumph over technicalities
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Professional
When the number’s up for part 36 Civil Procedure Rules settlements
The message A miss is as good as a mile as far as settlement offers are concerned
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Professional
Need for peace and quiet leaves car auction firm fuming
The message Location dictates whether noise is a nuisance.
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Professional
Take it away, boys: fixtures are not part of land
The message: a tenant can remove substantial plant and equipment from premises.
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Professional
Because it’s not worth it: vast dilapidations claim humbled
The message: dilapidations claims should not be overestimated
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Professional
Surveyors cannot wash their hands of leaky roofs and gutters
The message: Surveyors or architects acting for developers can owe substantial duties to purchasers
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Professional
Leave premises as found, even if costs go through the roof
The message: the court is giving useful guidance to surveyors over terminal dilapidations claims.
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Professional
Pre-action silence is not golden
The message Failure to respond or negotiate before proceedings can prove costly.
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Professional
Full satisfaction or money back not guaranteed
The message The court will not allow a stalemate to arise.
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Professional
Sellers not liable for defects if they make a house a home
The message: residential property owners owe limited duties to purchasers.
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Professional
Local plan knocks wind out of inspector and secretary of state
The message The national need for renewable energy does not take priority over planning considerations.
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Professional
Liability for valuations lends itself to test case
The message: Will lenders and valuers learn from their mistakes?
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Professional
Tenants receive service charge without a smile
The message: Parties cannot expect the court to release them from bad bargains.
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Professional
Draft exclusions leave holes in leases
The message The court cannot rewrite badly drafted leases.
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Professional
Somerfield handed £350,000 parking fine
The case: The Court of Appeal has clarified the law over whether a contract will be automatically unenforceable owing to illegality, in ParkingEye v Somerfield Stores (17.10.12).
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Professional
Smithfield Market heritage includes variable service charges
The message: The court will have strong regard to the original commercial arrangement made between parties when fixing the terms for a new business tenancy
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