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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

Probate fees – increase delayed
Thursday, 09 May 2019
We reported in the April 2019 edition (p34) on the increase of probate fees which was due to come into effect in April 2019. Read more...
VAT Order – construction services
Thursday, 09 May 2019
The VAT (s55A) (Specified Services and Excepted Supplies) Order 2019 comes into effect in relation to supplies made on or after 1 October 2019. Read more...
Brexit – impact on solicitors
Thursday, 09 May 2019
The Law Society has issued guidance for solicitors on the impact of the postponement of the UK’s departure from the EU. Read more...
RTA claims – no lawyers
Thursday, 09 May 2019
The Gazette reports that the MoJ has issued a consultation as to how to create an IT platform to enable unrepresented litigants to progress their own claim. Read more...
CFAs – no automatic 100% success fee
Thursday, 09 May 2019
In RTA claims, may firms routinely set a 100% success fee and claim the maximum limit of 25% of total damages. Read more...
T’s failure to respond – not a refusal of access
Thursday, 09 May 2019
The UT has held that T’s failure to reply to a letter from L requesting access to the property did not amount to a refusal of access. Read more...
MEES non-domestic rentals – reminder
Thursday, 09 May 2019
The MEES regulations are designed to tackle the least energy efficient properties in England and Wales and the Regs establish a minimum standard of EPC band E for domestic and non-domestic private... Read more...
‘Highway’ – no single meaning
Thursday, 09 May 2019
The SC has recently clarified the meaning of a highway. Read more...
Procedure – divorce
Thursday, 09 May 2019
Divorce practitioners may be particularly interested in the background to a recent case setting out the administrative processes and procedures by which errors in divorce proceedings are picked up... Read more...
EU citizens – right to work checks
Thursday, 09 May 2019
The government has issued guidance on employing EU, EEA and Swiss citizens, and their family members, after Brexit. Read more...

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