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Expanding Boutique Hotel Overcomes Restrictive Covenant

Hidden within the title deeds of many homes are restrictions on the uses to which they can be put and it takes a trained professional eye to spot them. In a case on point, one such restriction came close to derailing a boutique hotel’s expansion plans. The owners of the hotel had paid £450,000 for the house next door with a view to converting it into an...

Court of Appeal Tackles Film Industry Option Agreement Dispute

fEven the most carefully drafted contracts can give rise to issues of interpretation, but such disputes are always resolvable with the right legal advice. Exactly that happened in one case concerning a film industry option agreement. Film producers had acquired an option to purchase a licence to develop, produce and exploit a script with a view to turning it...

High Court Steps in To Compensate Defrauded Minority Shareholder

Minority shareholders have only a limited say in how companies are run, but they do have a legal entitlement to be treated fairly and honestly. One case in which that patently did not happen concerned a thriving clothing company, the value in which was fraudulently hived off by its director and majority shareholder. The minority shareholder took no part in the...

Viola Player Deafened by Brass Section Wins Right to Compensation

Employers are under a duty to protect their staff against a wide range of hazards, including noise. In an unusual case on this topic, an opera house viola player whose hearing was seriously damaged during a three-hour rehearsal of Wagner’s Ring Cycle won the right to substantial compensation. The musician was sitting directly in front of the brass section...

Loss of Sunlight Objections Stymie Flats Development – High Court Ruling

Natural light is an essential feature of any desirable home and is a vital factor in many planning decisions. The High Court made that point in quashing planning permission granted for development of a large urban site following objections from nearby residents that the project would block sunlight from their properties. The existing commercial building on the...

Lack of Informed Consent Leaves NHS Trust Liable for Paralysis

When an operation goes seriously wrong and a personal injury claim is made, the issue of ‘informed consent’ can be critical. Whenever an operation is performed, consent must be given, because all surgery does carry some clinical risk. Clearly, such consent must be given on an informed basis: weighing up the risks and potential benefits in a reasoned...