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Restrictive Covenant Amended To Enable House Building Plans

Covenants restricting the use of land commonly appear on title deeds, but they often date back many years and take no account of changing circumstances. A tribunal’s ruling, however, has shown that they are not written in stone and can be amended to ensure that scarce land supplies, particularly for housing, are put to good use. The owners of a detached house,...

Rain Is Inevitable But the Damage It Causes is ‘Fortuitous’

As anyone who lives in England knows all too well, rain is inevitable. However, in an important decision for the construction and insurance industries, the High Court has ruled that damage caused by heavy precipitation during a road-building project was nevertheless ‘fortuitous’, and thus covered by an all-risks policy. A company that had been contracted to...

Commercial Disputes Move Fast But Judges Can Hold the Ring

Commercial disputes can move very fast but the High Court has power to hold the ring and ensure that no irreversible losses are suffered pending a resolution. Exactly that happened in one case concerning a loss-making overseas oil drilling project. The rights of those participating in the project were governed by a joint operating agreement which provided for...

Kit Kat Shape Cannot Be Trade Mark, Rules Court

The long-running ‘chocolate wars’ between Cadbury and Nestlé over the shape of the Kit Kat has led to a judgment today from the Court of Appeal. The case resulted from an attempt by Nestlé to register the shape of the Kit Kat as a trade mark applying to chocolate products in the UK. Cadbury opposed the trade mark application, mainly on the ground...

Buying a Home Together? Do The Title Deeds Reflect Your Contributions?

Loving couples often contribute together to the cost of buying a home. However, if legal advice is unwisely dispensed with, such arrangements are often not recorded on title deeds and, as one tribunal case showed, that can store up serious trouble for the future. The case concerned a couple who, despite having been through an Islamic wedding ceremony, were not...

Does Your Insurance Cover What You Want It to Cover?

There is no point taking out insurance policies that do not meet your needs and it is well worth taking professional advice to ensure that they are tailored to you. The issue was highlighted by one case concerning two brothers who were in business together and insured each other against death or critical illness. After one brother fell ill and was unable to work...