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Quantity Surveyors See Off Bank’s £750,000 Professional Negligence Claim

Professionals are rightly exposed to compensation claims if they give negligent advice – but they are not whipping boys who can be blamed for the faults of others. The point was resoundingly made by one case in which a quantity surveying firm comprehensively defeated a bank’s claim for over £750,000 in damages. The bank had lent money to a residential...

Only Claims with No Real Prospect of Success Do Not Merit a Full Hearing

Judges are bent on giving every case fair consideration and only very sparingly use their powers to strike out unmeritorious claims without a full hearing. That point was clearly made by one case in which a businessman claimed that a bank had lured him into becoming involved in a failed property transaction. The businessman alleged that he had been induced to...

The Presumption in Favour of Sustainable Housing Can Be Overcome

The presumption in favour of sustainable housing development, contained within the National Planning Policy Framework (NPPF), is a powerful one – but it does not have the force of statute and can be overcome. The Court of Appeal made that point in blocking plans for up to 150 new homes on green land adjoining a market town. The would-be developer had been...

Piqued by an Employee’s Departure? Don’t Do Anything Hasty!

The departure of trusted workers who set up in competition is a frequent source of fury to employers. However, as one High Court libel case showed, the sensible course is to take legal advice rather than resort to hasty action. The case concerned two men who were formerly employed by a company that produced safety products for commercial vehicles and machinery....

How Much Is a Freehold Interest Worth? Court of Appeal Clarifies the Law

Where a tenant exercises its right to buy a freehold, the sum payable is calculated on the basis of the property’s open market value, subject to the existence of the tenancy. But what happens if the original tenancy has been extended for a longer period? The Court of Appeal considered that issue in an important test case. It was common ground that the tenant...