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Negligence – property valuation

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

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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’. 
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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? 


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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).

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Professional – client reminders

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

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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.

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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.

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Most-read articles

Court of Protection – trust deputies
Friday, 13 April 2018
How does the CoP approach an application to appoint a trust corporation as a deputy? HHJ Hilder has, in a recent CoP ruling involving 36 applicants and 11 trust corporations, analysed the law on the... Read more...
Professional – update
Friday, 13 April 2018
 A reminder that internal e-mails can result in SRA action; for a case involving sexist, racist and homophobic e-mails sent to a work colleague see [2018] LSG 12 February 2. Read more...
CFA – assignment
Friday, 13 April 2018
The introduction of LASPO in April 2013 caused problems for clients who already had CFAs, but then wanted to move to another firm. Read more...
Agent of change – new builds?
Friday, 13 April 2018
The ‘agent of change’ principle has been hotly debated in planning circles for some time. Indeed, the concept is likely to feature in the revised National Planning Policy Framework and the draft... Read more...
Withdrawing admissions – increase in value?
Friday, 13 April 2018
Suppose a defendant is faced with a low-value claim and decides to admit liability; later, it turns out that there is a significant increase in the value of the claim. At that stage, can the... Read more...
Service charges – estoppel?
Friday, 13 April 2018
Suppose service charges have been raised for many years in a way that does not properly accord with the wording of the lease; if T subsequently questions those service charges, can L argue that... Read more...
Service charges – code of practice
Friday, 13 April 2018
The RICS has published the proposed changes to its Code of Practice on service charges. The important change is that RICS members must act in accordance with eight core principles; the Code is no... Read more...
Japanese knotweed – nuisance
Friday, 13 April 2018
One of the (potentially) most important decisions last year was a humble county court case in which it was held Network Rail was liable after Japanese knotweed grew close to neighbouring terraced... Read more...
Adoption – new regulations
Friday, 13 April 2018
 A number of new provisions in relation to adoption are in force (as of 5 January 2018) under the Adoption and Care Planning (Miscellaneous Amendments) Regulations 2018. Read more...
Sickness – on holiday
Friday, 13 April 2018
 A worker who falls ill during annual leave is entitled to take that holiday leave at a later date. This is so whether the sickness commenced before, or during, the holiday. Read more...

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