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
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
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
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
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
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
Fallings out between shareholders can be particularly divisive where no one person has a controlling interest in the company concerned. However, as one Court of Appeal decision showed, the outcome will usually depend on an accurate interpretation of the company’s articles of association. The case
The Secretary of State for Communities and Local Government has broad planning powers, but he has to exercise them consistently and in accordance with his own published policies. The High Court powerfully made that point in breathing new life into proposals for 400 new homes
Losses suffered in trade can generally be set off against Income Tax liabilities, but the trade concerned has to be genuinely commercial and carried on with a view to profit. A tribunal made that point in a case concerning a sporting venture that resulted in
Disciplinary proceedings are a source of anxiety for any employee and, if they are allowed to drag on for too long, that in itself can be unreasonable. An Employment Tribunal (ET) made that point in awarding substantial compensation to the former assistant manager of a
