Legal News

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When a landlord appealed against his prosecution for breaking a planning enforcement notice with regard to a house in multiple occupation (HMO) he owns, he used a rather novel argument to justify exceeding the limitation on the number of residents of the...
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No amount of money can ever make up for what is lost by those whose lives are ruined by the negligence of others. However, as a £19 million compensation payout to a young road accident victim showed, a settlement can at least bring relief to...
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It is only right that genuine victims of clinical negligence are properly compensated – but the waters are sadly muddied for the honest many by a fraudulent few. Judges are alert to the problem, however, and in one case, a musician who grossly...
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When a decision is made as to what the facts are in a particular case, the judgment regarding those facts is normally accepted as not being able to be revisited in subsequent proceedings unless it was manifestly unreasonable or unfair, or subsequent evidence...
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A young man who was catastrophically injured in an off-road motorbike crash has won the right to a seven-figure sum in compensation – after fending off claims that he was engaged in a criminal enterprise when the accident happened. The then...
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In 2017, 205,293 dwellings in England were left empty for six months or more. With the housing shortage never far from the news agenda, steps to bring unoccupied houses back into use are being taken by the Government. Under the Rating (Property in Common...
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Many commercial leases provide that the formal document represents the entirety of the agreement, superseding any prior agreements that may have been reached. An important Court of Appeal ruling has, however, made clear that such clauses do not preclude...
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If landowners allow vegetation to grow up so that it affects visibility on adjacent highways, should they be held liable if accidents occur? In a decision that broke new legal ground, the Court of Appeal has answered that question with a resounding 'no'. ...
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When a tenant wishes to assign a lease, it is usual for the landlord's consent to be required, and that consent can be withheld if there are sufficiently good grounds for so doing. In a recent case, a landlord was asked by a tenant to agree to the...
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It is a popular misconception that road accident victims have to be entirely blameless in order to win compensation. That is most certainly not so, as was shown by one case in which an injured police officer won the right to substantial damages. The officer...
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Although they may not know it, many householders are banned by restrictions in their title deeds from using their properties for commercial purposes. Recently, a man who converted his garage into a dog grooming parlour discovered why he should have sought...
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Every employer has a duty to provide employees with suitable personal protective equipment or clothing to guard against exposure to health and safety hazards while they are at work. Risk assessments should also be carried out to identify any foreseeable...
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If your tenancy agreement contains a 'no pets' policy, the fact that your pet does not cause any issues for other tenants will not prevent your landlord from enforcing its removal. In a recent case, the High Court ruled that a couple had been lawfully...
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Noise from neighbours is a common source of nuisance and can be very disruptive. It can be a particular problem for those living in flats, and not all neighbour noise constitutes a statutory nuisance covered by the Environmental Protection Act 1990 . Whilst...
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When tenants discovered that their landlord had bought insurance over their flats, including the structure of the building, when they had already purchased insurance cover for themselves, the resulting argument ended up in the Upper Tribunal (UT) . The...
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Road accidents that happen in a split second can wreck lives forever, and that is why it is so important that specialist lawyers are there to help. In one recent case, a brilliant young IT worker who was catastrophically injured when he was run down by a...
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The planning system is very far from straightforward and sensible landowners seek legal advice before tackling it. The point was underlined by one case in which a farmer ended up with a part-built barn and at risk of enforcement action if he completed the...
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Lightning does sometimes strike twice in the same place and some people very sadly suffer more than their fair share of tragedy. That was certainly so in one case, in which a young man who was being looked after in a care home following a road accident...
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An empty office block in Blackpool was given a rateable value (RV) of £490,000 by the local valuation officer, who made the valuation based on the expected rent for which the building could be let. The valuation was based on an assumed demand for a...
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Signing a contract before you are sure you are willing to complete it can be a huge mistake: judges do not flinch from enforcing valid contracts, as a recent case shows . It involved a man who reneged on a deal to buy a family home for £5 million. He...
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It is unusual when a case raises two different but significant points. A recent case dealt with issues raised when a landlord sought to obtain possession by 'peaceable re-entry' and the forfeiture of a lease when ground rent was not being paid. It...
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When an employer's training of staff in how to carry out potentially dangerous processes is deficient, it is difficult to argue that when someone is injured as a result of that failure, they share responsibility for what happened. So, when a court ruled...
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You might think that something as seemingly simple as buying a pitch for a caravan is straightforward enough to do yourself, but a recent example shows why no sensible person would consider entering into a property transaction without employing a specialist...
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Whether an injury is the result of negligence or deliberate action, obtaining legal advice is the first step towards victims being justly compensated. In one case, a former soldier who was severely beaten by two non-commissioned officers (NCOs) won a...
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One of the bugbears of UK planning law has always been that a lot of work has to be done before a planning application can be considered because an outline planning application must be made, except for certain proposed brownfield developments. The process...