Charlotte Ross explores a case concerning forfeiture of a head lease where the court refused to grant relief.Download PDF
As public awareness of fracking is rising, James Noble offers guidance to practitioners on identifying and advising on the potential risks for property owners.Download PDF
The recent divorce case of Oasis frontman Liam Gallagher and Nicole Appleton of All Saints fame, has thrown the issues of publicity and the press in the family courts into the spotlight.Read more
Natasha Rees considers a case where precarious rights in leases and the test of the equivalence as set out in the 1993 Act came under the spotlight.
This article was first published in Property Law Journal issue 335 (October 2015).
From 1 October 2015 the Deregulation Act provisions relating to retaliatory evictions will come into force.Read more
To what length and at what point should trustees become involved in a divorce settlement involving a member of their trust.Download PDF
Zahra Kanani looks at the lessons to be learned from NHS Foundation Trust v Mrs X , which marks a shift in the court's attitute to 'the right to life'.Download PDF
Judgment was handed down on 16 January 2015 in the Chancery case of Thwaytes v Sotheby's, in which Sotheby's was held not to have been negligent in its assessment of a painting.Read more
On any commercial property transaction that requires financing or refinancing, a secured lender will usually require a letter from the borrower's insurance broker as a condition to drawdown.Read more
How limitation periods apply to financial mis-selling.
In this article we consider how attractive this alternative route to justice is for consumers with complaints against their financial services providers, and for those financial service providers.Download PDF
Guy Abrahams explains how to maximise inheritance tax relief on a family business and simultaneously address the problem of succession address the problem of succession.Download PDF
Scott -v- Aimiuwu (18/2/2015) is the first known Court Decision on a rights of light claim since the Judgment of the Supreme Court in Coventry -v- Lawrence (2014) - in which the basis upon which injunctive relief should be granted, and damages awarded, was reviewed and revised.
It is a Decision that will give some comfort to developers.Read more
Digital assets play an increasingly important role in our daily lives – whether through social networking, reading eBooks, using cloud storage for emails, music and photographs or making transfers using our online bank accounts. Many of us cannot imagine a life before the internet.Read more
Hannah Kramer reports on a case that has highlighted the risk of a new public procurement exercise having to be carried out in the event of a 'material' variation to an agreement.
This article was first published in the May 2015 issue of Property Law Journal and is also available at www.lawjournals.co.ukDownload PDF
Nikolas Ireland considers the importance of execution formalities on assignment in the context of a recent case.
First published in Solicitors Journal, April 2015.Download PDF
With Spring in the air, change is afoot in family law.
A new equality
In what could herald a new era for equality, judicial attitudes towards ongoing spousal maintenance are hardening. Until recently, the financially stronger party was often ordered to support his or her former spouse and often for life. This is slowly changing.Read more
In a decision in February 2015 that was widely reported by the media as being a 'game-changer' in terms of the English court's attitude to financial provision on divorce (particularly amongst the wealthy), an Appeal Court judge upheld a judgment that there should be a staged cut-off of ex-spousal maintenance that a millionaire equine surgeon had previously been paying his former wife.Read more
In divorce proceedings, where one of the parties is a beneficiary of a trust, there has long been confusion about the extent to which trustees should be involved. Some recent cases have provided greater clarity, which are dealt with below.Read more
First delivered at NYSBA/STEP 10th Annual International Estate Planning Institute, March 2014. Updated to April 2015.Download PDF
The Health and Safety Executive (HSE) has announced that the Construction (Design and Management) Regulations 2007 will, subject to parlimentary approval, be replaced on 6 April 2015 by the Construction (Design and Management) Regulations 2015.
View the article to read about key amendments.Download PDF
Ben Brayford and Hannah Kramer consider a recent case involving Gordon Ramsay's personal liability under a guarantee executed by a 'signature machine'.
First published in Solicitors Journal, 10 March 2015.Download PDF
In January 2015 the findings of an independent review (click to view) commissioned by the Treasury on the construction of new housing by local authorities were published.Read more
Here at Forsters, our experienced team of lawyers has compiled a three part guide to assist property developers with the effective planning and management of a mixed use development scheme.Download PDF
Beware the new EU regulatory environment.Download PDF
Despite the popularity of Mediation, many property cases continued to reach Court in 2014. Some cases were a remnant of disputes and professional negligence claims arising out of the collapse of the market a few years back and others arise out of the current strength of the market and the wish of landlords or property owners to enhance the value of their properties.Read more
Huseyin Huseyin delves into the issues to be considered when developing out unusual sites.
First seen in Property Law Journal, December 2014/January 2015Download PDF