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13 June 2011

Leasehold enfranchisment

When is a building self-contained? Purchasing the freehold of a building can have added complexities when the building concerned is a mansion block. First published in Property Law Journal, 13 June 2011.

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10 June 2011

Building works took a shine off tinsel-making business

The Message: An employer is not generally liable for the unlawful acts of an independent contractor.

The Case: The court considered which parties the claimant could sue and what damages could be recovered, for damage caused to manufacturing equipment by dust during building works in Tinseltime v Roberts and others.

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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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