2015

28 October 2015

To frack or not to frack?

As public awareness of fracking is rising, James Noble offers guidance to practitioners on identifying and advising on the potential risks for property owners.

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12 October 2015

Privacy and the Family Law Courts

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.

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5 October 2015

A snowball effect?

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).

 

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22 September 2015

A trustee's dilemma

To what length and at what point should trustees become involved in a divorce settlement involving a member of their trust.

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7 September 2015

Hard choices

Zahra Kanani looks at the lessons to be learned from NHS Foundation Trust v Mrs X [2014], which marks a shift in the court's attitute to 'the right to life'.

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17 August 2015

Thwaytes v Sotheby's

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.

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30 June 2015

Passing the torch

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.

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13 May 2015

Remedies for interference with a right to light

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.

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11 May 2015

Post death arrangements for digital assets

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.

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30 April 2015

To sign in not to assign

Nikolas Ireland considers the importance of execution formalities on assignment in the context of a recent case.

First published in Solicitors Journal, April 2015.

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27 April 2015

The inside track on family law

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. 

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7 April 2015

The end of generous pay-outs to ex spouses? Judge tells ex wife of equine surgeon to get a job

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.

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10 March 2015

Beware the ghost in the machine

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.

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8 January 2015

Forsters review of the leading property cases of 2014

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.

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8 January 2015

The path less travelled

Huseyin Huseyin delves into the issues to be considered when developing out unusual sites.

First seen in Property Law Journal, December 2014/January 2015

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