All articles by Legal case news Jonathan Ross – Page 4
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ProfessionalNo giant leap for Mann into tenancy
The message: Intra-group dealings can bind the parties and cause complications.The case: The High Court has decided whether informal dealings between group companies can create a business tenancy in favour of a subsidiary company (Mann Aviation Group (Engineering) v Longmint Aviation Limited, 19.08.11).In May 2011 the claimant, Mann, went into ...
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Professional
Beyond reasonable: doubts about standard contract
The message: The Unfair Contract Terms Act 1977 can substantially interfere with contractual relations freely made
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ProfessionalDon’t get carried away on a subject-to-contract basis
The Message: Parties that jump the gun may well suffer the consequences
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ProfessionalTiming in recovery position cannot be overestimated
The message: Sometimes, the law is both unclear and unfair The case The High Court has strictly applied the statutory legislation on the 18-month time limit for recovering residential service charges, despite the unfair consequences for landlords (London Borough of Brent v Shulem B Association, 29.06.11). Brent owns ...
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ProfessionalTo rely on a personal guarantee, make sure you tell the missus
The Message: Banks may face difficulties enforcing personal guarantees
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ProfessionalBuilding works took shine off a tinsel-making business
The message: An employer is not generally liable for the unlawful acts of an independent contractor.
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ProfessionalRowe up a creek without a paddle
The message: Failure to comply with the strict requirements of a contract may be fatal.
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ProfessionalA wake-up call to contact your witnesses early
The message : Parties should ensure they serve all their witness evidence before trial
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Professional
Don’t put off until tomorrow a claim you can pursue today
The Message: There are strict time limits for bringing property claims
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ProfessionalDishonesty is not the best insurance policy
The message: Honesty is the best policy when making insurance claims
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Professional
Failure to consult is insult
The message Landlords may not recover service charges for major works if they fail to properly consult tenants
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Professional
Legal case news: Law of cause and effect can earn commission
The message: Commission agreements need to be carefully worded
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Professional
Legal case news: Ensure contracts are something to write home about
The message: Badly drafted guarantees may be ineffective
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ProfessionalSigned, sealed, delivered without a get-out clause
The message Parties need to be careful not to settle disputes prematurely.
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ProfessionalTenants off the hook in prostitutes blame game
The message Tenants may escape responsibility for brothels run on their premises.
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Professional
Solicitors confounded by flaky lending and fake vendors
The messageSolicitors can be the victims of fraud on lenders.The caseThe High Court has had to decide whether solicitors should bear the whole loss suffered by a negligent lender who is defrauded by the borrower (Lloyds TSB bank v Markandan & Uddin, 14.10.10).In 2007, Victor Davies applied for a mortgage ...
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