MPs including Helen Hayes, MP for Dulwich and West Norwood, have asked ministers not to make further court closures, following consultation in February 2018 on the closure of eight courts. Secretary of State for Justice David Gauke told the House of Commons on 6 March 2018 that courts were only closed when the Government is…
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Generator Developments Ltd v Lidl UK GmbH / Judgment Date: 08 March 2018: The Court of Appeal summarised the law applicable to equitable claims based on Pallant v Morgan [1953] Ch. 43, [1952] C.L.Y. 3571. A property development company, which had been negotiating a joint venture with a supermarket for the purchase of land, did…
Giambrone & Law has failed in its challenge to a ruling that it was under a duty to warn property investors of the risks of investing in a part of Italy associated with organised crime. The Court of Appeal upheld Justice Foskett’s decision in July 2017 and the Supreme Court has now refused to hear…
Richard v BBC / Judgment Date: 08 March 2018: CPR Pt.36 did not prevent disclosure of the amount of a settlement reached under the Pt.36 procedure. Part 36 prevented disclosure of the making of an offer, but once an offer had been accepted there was a binding compromise and Pt.36 made no reference to that…
We can advise on all the main characteristics of options over land and their advantages to developers and landowners. We will consider how they differ from other types of options and from pre-emption agreements and conditional contracts. For example: Call options A call option (sometimes also called a take option) allows a developer or grantee…
Research by law firm RPC indicates that third party funders have a “war chest” exceeding £1 billion for the first time to fund litigation. The rise could stoke an increase in large class actions as funders. Investment rose 42% to £1.03 billion in 2016/17.
Adam and Eleanor Smith have won a landmark case against their neighbour Rosemary Line after claiming they lost £50,000 from the value of their home in Cornwall after Japanese knotweed invaded their garden. Truro County Court found that while it is not illegal to have knotweed on land, it is illegal to allow it to…
Stocker v Stocker [2016] EWHC 474 (QB) (QBD) Nicola Stocker, who posted defamatory comments about former husband Ronald on Facebook, has lost her appeal against a High Court ruling and now faces legal costs of £200,000. In 2016, Mr Justice Mitting ruled her online comments to Ronald’s new partner accusing him of trying to kill…
Matthew v Sedman [2017] EWHC 3527 (Ch) When a cause of action was completely constituted at the very first moment of a particular day, that day should not be excluded from the calculation for Limitation Act purposes. At any moment during that day the claimant could bring a claim; and to exclude that day from…
CMOC v Persons Unknown [2017] EWHC 3599 (Comm) There was good reason to extend the principle in Bloomsbury Publishing Group Plc v News Group Newspapers Ltd (Continuation of Injunction) [2003] EWHC 1205 (Ch), [2003] 1 W.L.R. 1633, [2003] C.L.Y. 422 to freezing injunctions. Accordingly, the court granted a worldwide freezing order against persons unknown in…