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July 2017

  • 31

    The Livelihood Condition Requirement In Agricultural Tenancies Confirmed By The Upper Tribunal

    In the recent case of Kingsbridge Pension Fund Trust v David Michael Downs [2017] UKUT 237 (LC), The Upper Tribunal have turned their attention to the issue of the “livelihood condition” that must be satisfied on an application for succession of an agricultural holdings tenancy on retirement. In a meticulous and helpful decision the Tribunal have clarified the time for satisfying the livelihood condition test.
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  • 27

    What Is Retained Land?

    A recent case has highlighted the need for careful drafting when dealing with the sale of multiple plots at different times. Read more
  • 25

    Supreme Court Rules That Employment Tribunal Fees Are Unlawful

    In a decision which will have very significant ramifications for both employment and constitutional law, the Supreme Court has this morning ruled that the 2013 Employment Tribunal Fees Order (‘the Order’) is unlawful.
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  • 24

    Estranged Daughter Wins Award Of £30,000 From Father’s Estate

    In a recent County Court case, that was reminiscent of the Supreme Court case of Ilott v Mitson (see our article here), a daughter who had had little or no contact with her father for several years preceding his death was nevertheless awarded £30,000 on her claim against his estate under the Inheritance (Provision for Family and Dependants) Act 1975 (Nahajec v Fowle 2017 EW Misc 11 CC). Read more
  • 23

    Departure From Equal Sharing Principle On Divorce – Impact For Inheritance Claims?

    The Court of Appeal recently found in favour of Mrs Sharp, who was appealing against an award of 50% of the matrimonial assets to her ex-husband on their divorce (JS v ES [2017] EWCA Civ 408). The decision marks a departure from the commonly accepted position that the matrimonial assets of a divorcing couple should normally be shared between them on an equal basis (known as the equal sharing principle).
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  • 20

    One Gate Too Many

    In the recent case of Kingsgate Development Projects Ltd v Jordan and Another (2017) EWHC (TCC) 343, the court had to settle a number of issues in dispute between the parties including how far if at all, three gates constituted a substantial interference to the claimant’s right of way. 
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  • 16

    Willmott Dixon Construction Ltd V Robert West Consulting Ltd (2016)

    Willmott Dixon appointed RWC to design some underpinning to a party wall, and then appointed Toureen Contractors Ltd to undertake the work. Toureen damaged the party wall, and Willmott Dixon alleged that this is because RWC’s design was defective. Read more
  • 16

    Kersfield Developments (bridge Road) Limited V Bray And Slaughter Ltd (2017)

    Kersfield entered into a JCT contract with Bray and Slaughter Ltd to refurbish and convert a mansion house and stable block, plus build some additional houses. Bray issued an interim application for payment as required by the contract but this was not paid and therefore the matter ended up in front of O’Farrell J in the Technology and Construction Court.
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  • 16

    Free Advice Can Be Costly

    In a warning to all professional advisers, in the recent case of Basia Lejonvarn v Peter and Lynn Burgess an architect who provided friends with some freebie advice ended up on the receiving end of a claim for negligence. It was found that despite the absence of a contractual relationship, the advice had not been given with the requisite duty of care.
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  • 16

    Sse Generation V Hochtief Solutions Ag (2016) Court Of Session Scotland

    SSE Generation (SSE) employed Hochtief as an engineer to carry out works under an NEC2 ECC contract to design and build a hydro-electric scheme in Scotland. Within a year one of the major tunnels collapsed, and SSE and Hochtief began to argue over who was liable. Although the collapse was within the defects correction period, the parties were unable to come to an arrangement as to Hochtief returning and carrying out remedial work.
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  • 06

    Hewitsons Co-sponsors Mk Midnight Moo Walk

    Law firm Hewitsons is co-sponsoring this year’s MK Midnight Moo Walk to raise money for Willen Hospice and celebrate Milton Keynes’ 50th birthday.
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  • 04

    Meaning Of Residential Curtilage Clarified By High Court

    The Planning Court has recently considered the meaning of ‘residential curtilage’ in Burford v Secretary of State for Communities and Local Government and Test Valley Borough Council.
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