The Practical Lawyer

Home
About
CPD
Subscribe
Contact
Tort

Negligence – property valuation

Two key principles emerged from a recent CA decision on negligent property valuations...

Subscribers only...
 

Rylands v Fletcher – fire

The CA has severely reduced the potential for bringing claims under Ryland v Fletcher [1868] UKHL 1 in the context of fire damage. While such fire damage could come within the scope of the Rylands v Fletcher rule, such cases are likely to be ‘very rare’. 
Subscribers only...
 

Builder – tort liability?

You contract to buy a new house in 1991. The contract says the seller will complete the work in an efficient and workman like manner, but it will not be responsible for any defect outside the scope of the NHBC certificate (nor for any loss or damage arising from such a defect). It then takes 13 years for it to become apparent that the chimney flues have not been built correctly. Do you have any remedy? 


Subscribers only...
 

Defamation – limitation period

Do you know the limitation period of a defamation claim? It seems that surprisingly few people do – in fact, it is one year (only).

Subscribers only...
 

Professional – client reminders

A recent professional negligence claim illustrates the importance of reminding clients of key dates.

Subscribers only...
 

Libel – internet

Internet service providers (ISPs) get some protection from defamation claims by s1 Defamation Act 1996. The intention was to give ISPs protection that was similar to the common law defence of ‘innocent dissemination’ given to newsagents and libraries who innocently publish defamatory material.

Subscribers only...
 

Privacy – update

Most of the focus on ‘privacy’ has been on the litigation involving Max Mosley (and his sexual preferences). As everyone will know, Article 8, which guarantees the right to respect for private and family life, prevailed over Article 10, which protects the right to freedom of expression.

Subscribers only...
 


Page 2 of 2

Most-read articles

Trustees – duty to beneficiaries
Wednesday, 11 July 2018
Trustees cannot simply ignore beneficiaries’ request for information about a trust, the High Court has held. In this case, the trust property was a farm outside Cardiff. Read more...
Conveyancing searches – disbursements?
Wednesday, 11 July 2018
Should electronic property searches be treated as disbursements for VAT purposes? Alternatively, are they part of the legal service provided, and so subject to VAT? Read more...
Professional – update
Wednesday, 11 July 2018
From December 2018 there will be new rules requiring firms to publish prices for conveyancing, probate, motoring offences and immigration, as well as the price for bringing ET claims.  Read more...
Service mistake – discretion?
Wednesday, 11 July 2018
To what extent do you have a duty to point out the other side’s procedural errors (as part of your obligation to comply with the ‘overriding objective’)? Read more...
Exiting the Portal – reasonable
Wednesday, 11 July 2018
Insurers should be very careful about making allegations (for instance, at Stage 2 of the EL/PL Protocol), especially if they could be interpreted as allegations of ‘dishonesty’. Read more...
Airbnb – breach of lease
Wednesday, 11 July 2018
It now seems clear that an Airbnb short let will be in breach of a typical long lease. Read more...
GDPR – data rooms
Wednesday, 11 July 2018
If L is planning to sell a property subject to leases, then almost certainly a data room will be set up containing all relevant documents. Read more...
Rights of way – public
Wednesday, 11 July 2018
There are four categories of public rights of way: Read more...
Financial remedies – company assets
Wednesday, 11 July 2018
A recent ruling illustrates when a court can treat a company-owned asset as as a matrimonial asset. Read more...
GDPR – references
Wednesday, 11 July 2018
GDPR impacts on the giving of references: Read more...

Resources

IAG International
Join the IBA now!
In House Lawyer
MSI Global Alliance
www.totallylegal.com