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Gross misconduct – gross negligence?

Gross misconduct justifies summary dismissal. Normally this will cover acts of intentional misconduct – but can it also include acts or omissions of gross negligence (ie when misconduct is unintentional)? The answer is that it ...

Trusts-probate

A claim by the trustees of a religious charity for permanent injunctions against a former trustee was successful. The former trustee (the defendant, D) had been accused of misappropriating charity funds and passing off his ...

Rats – whose liability?

Is L liable if there are rats or other pests in a rented property? In practice, the answer will probably depend upon whether the property is furnished or unfurnished, and whether the rats were present ...

MIB – property damage

The Motor Insurance Bureau’s (MIB) untraced and uninsured drivers agreements have been revised in relation to accidents on or after 1 March 2017. Now, a victim will be able to claim against the MIB for ...

Professional – update

Financial news across both spectrums of the profession seems grim. Manchester PI firm Carter Law Solicitors collapsed in December 2016, with debts of £3m (barristers and medical reporting agencies are among the major creditors). Interestingly, ...

Keyword ads – trade mark

A recent case illustrates the dangers of buying keyword ads on Google in the name of a competitor – especially if that competitor has a trade ...

Fraud – who is insured?!

Frankly, it is difficult to know what to make of the latest High Court decision on conveyancing fraud. The facts were fairly typical, with a fraudster using false ID to sell someone else’s property. The ...

Officers – written reasons

’Officers’ are now required to give their reasons for granting a planning permission under delegated authority. Likewise, if a planning permission is granted subject to conditions, the permission must clearly state the reason for each ...

Corporate crime – fraud

The SFO has handed out robust sentences in a high-value financial services fraud which facilitated making loans to other client companies, paying enormous commissions, bribing, and funding extravagant lifestyles. The fraud had strong similarities to ...

DIY builder – ‘dwelling’

The DIY builder scheme allows the refunding of VAT if the building is ‘designed as a ...

Want of prosecution – re-born?

Most commentators thought that the court’s power to strike out a claim for want of prosecution disappeared in 1999, when the CPR replaced the old RSC. But, judicial intervention (and re-interpretation) means that strike out ...

Public rights – signage

There has been much emphasis in recent years on the importance of erecting signs to prevent rights of way arising by prescription. In particular, readers may remember the case of the Conservative Club whose forecourt ...


Most-read articles

Trusts-probate
Thursday, 09 March 2017
A claim by the trustees of a religious charity for permanent injunctions against a former trustee was successful. The former trustee (the defendant, D) had been accused of misappropriating charity... Read more...
DIY builder – ‘dwelling’
Thursday, 09 March 2017
The DIY builder scheme allows the refunding of VAT if the building is ‘designed as a dwelling’. Read more...
Professional – update
Thursday, 09 March 2017
Financial news across both spectrums of the profession seems grim. Manchester PI firm Carter Law Solicitors collapsed in December 2016, with debts of £3m (barristers and medical reporting agencies... Read more...
Want of prosecution – re-born?
Thursday, 09 March 2017
Most commentators thought that the court’s power to strike out a claim for want of prosecution disappeared in 1999, when the CPR replaced the old RSC. But, judicial intervention (and... Read more...
Officers – written reasons
Thursday, 09 March 2017
’Officers’ are now required to give their reasons for granting a planning permission under delegated authority. Likewise, if a planning permission is granted subject to conditions, the permission... Read more...
MIB – property damage
Thursday, 09 March 2017
The Motor Insurance Bureau’s (MIB) untraced and uninsured drivers agreements have been revised in relation to accidents on or after 1 March 2017. Now, a victim will be able to claim against the MIB... Read more...
Rats – whose liability?
Thursday, 09 March 2017
Is L liable if there are rats or other pests in a rented property? In practice, the answer will probably depend upon whether the property is furnished or unfurnished, and whether the rats were... Read more...
Tenancy – exclusive occupation
Thursday, 09 March 2017
There is an important distinction between a legal right of exclusive possession and a personal right of exclusive occupation. Legal occupation entitles the occupier to exclude all others from the... Read more...
Public rights – signage
Thursday, 09 March 2017
There has been much emphasis in recent years on the importance of erecting signs to prevent rights of way arising by prescription. In particular, readers may remember the case of the Conservative... Read more...
Procedure – jurisdiction
Thursday, 09 March 2017
The English court was uniquely placed in a recent case, and it was right and proper that exclusive jurisdiction vests in London under Brussels I. In this case, the family spent most of their marriage... Read more...

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