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27 May 2011

Rowe up a creek without a paddle

The Message: Failure to comply with the strict requirements of a contract may be fatal.

The Case: The Court of Appeal has decided whether a buyer of development land can rely on a technical breach to free itself from an uncommercial contract in Barratt London North v JM Rowe Investments (12.05.11).

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13 May 2011

A wake-up call to contact your witnesses early

The Message: Parties should ensure they serve all their witness evidence before trial

The Case: Litigation between Nottinghamshire and City of Nottingham Fire Authority and Gladman Commercial Properties (20.04.11) raised the issue of whether important evidence should be allowed some time after the case has started.

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8 April 2011

Withold temptation to self-instruct

The Message: Commercial property agents have to be sure who their client is.

The Case: The High Court has determined whether an agent can recover commission on securing a property for a party with whom it did not have a direct contract (Lorenz Consultancy v Fox-Davies Capital, 17.03.11).

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4 April 2011

Business taxation

Addresses the issues that will be of immediate interest to anyone in the property arena. Published in Property Law Journal, 4 April 2011.

 

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25 March 2011

Dishonesty is not the best insurance policy

The Message: Honesty is the best policy when making insurance claims.

The Case: An insurance company sought to recover over £230,000 paid out for subsidence damage on the basis the insured had misled it into paying too much (Aviva Insurance Ltd-v-Brown (25/2/2011)).

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"Forsters had already hugely increased in size and turnover in the last ten years, and this move has really added to that"  on the arrival of the private client team from Gowling WLG.
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