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

Disputed will – guidance; procedure
Wednesday, 13 February 2019
What should you do if asked for correspondence and other documents in relation to a will you prepared for a client who has since died?  Read more...
MoJ – IT meltdown
Wednesday, 13 February 2019
Many litigators are no doubt all too aware of the Ministry of Justice (MoJ) January 2019 IT failures that hit the delivery of frontline legal services in some courts.  Read more...
Statutory notices – service
Wednesday, 13 February 2019
The SC has widened the scope of the service of statutory notices. Read more...
Part 36 offers – appropriate
Wednesday, 13 February 2019
Part 36 of the CPR allows a claimant or defendant to make an offer of settlement before trial. If the offer is not accepted and the opposing party does not meet the offer at trial, the court may... Read more...
Noise nuisance – liability?
Wednesday, 13 February 2019
A recent High Court decision has confirmed that L is not liable for nuisance caused by its T merely because L does not take steps available to prevent the cause of the nuisance, even when L knows... Read more...
RICS – service charges
Wednesday, 13 February 2019
We noted the RICS Code of Practice on service charges in our October 2018 issue, p19; the ‘Service Charges in Commercial Property (1st edition)’ comes into force on 1 April 2019. Read more...
Notice of severance – rectification?
Wednesday, 13 February 2019
A recent case reminds practitioners of the importance of ensuring that a notice of severance accurately records all of the titles intended to be severed. Read more...
Children – parental responsibility; removal of
Wednesday, 13 February 2019
In what circumstances might the court order the removal of PR from the father? The author comments on a recent case which involved a unique set of circumstances justifying the removal of PR.  Read more...
Incompetence – not discrimination
Wednesday, 13 February 2019
The CA has held that an incompetent process does not amount to discrimination. Read more...
Sentencing – contempt of court
Wednesday, 13 February 2019
The Court of Appeal has ordered a new trial in relation to a claimant remanded to prison overnight for discussing evidence in a civil case.  Read more...

Resources

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