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Liability for Damage to Sea-Borne Cargoes – Court of Appeal Test Case

In a test case of importance to those involved in the international trade in perishable goods, the Court of Appeal has given guidance on the correct interpretation of the Hague Rules – the international convention which for almost 100 years has regulated liabilities in respect of damage to sea-borne cargoes. The case concerned nine consignments of Colombian...

Pest Controller Sees Off £700,000 Fire Damage Claim

Tradesmen who work in people’s homes are often unaware of the potential liabilities to which they are exposed. In one case that proved the point, a pest controller was sued for almost £700,000 following a fire at a listed mansion but managed to defeat the claim with the help of a highly experienced legal team. The pest controller, a sole trader, had been...

Couple’s Wall-Building Plans Scotched by Restrictive Covenant

The idea that an Englishman’s home is his castle implies almost limitless freedom to do with your property as you wish. However, the reality is that restrictions often lurk in title deeds and, without legal advice, there is a real risk that you may not realise that they are there. One case that illustrated the point concerned a private housing estate which was...

High Court Scotches Plans for 68 New Homes in Open Countryside

Local authorities are under a duty to make plans to meet the need for new homes in their areas and if they fail to do so, their ability to resist developments that they view as inappropriate can be seriously compromised. A council refused to grant planning permission for a development of 68 new homes on the basis that it would cause unacceptable harm to the open...

Sacked Director’s Novel Wrongful Dismissal Claim Can Proceed to Trial

In a case that broke new legal ground, a former company director has been granted permission to pursue a wrongful dismissal claim in conjunction with unfair prejudice proceedings under Section 994 of the Companies Act 2006. The man was sole director of a restaurant bookings company that merged with another. He entered into a service agreement with the merged...