The High Court has ruled that, in assessing compensation payable following repudiation of contracts, it is necessary for arbitrators to consider hypothetically whether innocent parties would in fact have been able to meet their obligations had the breach not occurred. In the context of a contract in respect of the bulk shipping of coal,...
Doctors at War Over Medical Centre Tenancy
A Court of Appeal ruling has opened a new chapter in a bitter landlord and tenant dispute between two doctors whose partnership collapsed after they fell out and who have since lavished more than £100,000 in legal costs arguing over which of them has the right to occupy their former premises. The medics had worked together as partners at a...
Hard-Working Student Pays Price of Poor Record-Keeping
A hard-working student nurse who held down several jobs to fund himself through university has paid the price for his poor record-keeping after the tax authorities refused to allow the deduction of travel, subsistence and other expenses from his income tax liabilities because they were not backed up by receipts or other reliable evidence. Over a...
Divorcee Triumphs in Dentistry Chain Dispute
In a fascinating interplay between company and family law, the Court of Appeal has rejected arguments that a wife breached her fiduciary duty as sole director of a burgeoning dentistry business in which her husband, his mother and brother were majority shareholders. The company had been established during the marriage and its shares were split...
Post-Mortem Vigilance Failed to Defuse Family Dispute
A widow who hesitated for more than six years before taking legal action, despite her conviction that her wealthy husband had not made reasonable financial provision for her in his will, has paid a heavy price after the Court of Appeal ruled that her claim had rightly been dismissed on grounds of delay. Successful solicitor and property investor,...