A professional firm which was notified prior to receipt of funds into its client account that beneficial entitlement to the monies had been assigned to a third party was not entitled to retain and use those funds in settlement of its fees.
A utilities company which settled a former employee’s mesothelioma claim for £250,000 is entitled to a full indemnity from insurers notwithstanding that the relevant policy only covered six of the 27 years during which the employee was exposed to asbestos, the Court of Appeal has ruled.
A ‘land-banking’ scheme through which members of the public were invited to invest in plots of land in the hope of profiting from their development potential was a ‘collective investment scheme’ within the meaning of section 235 the Financial Services and Markets Act 2000 and thus subject to regulation by the Financial Services Authority (FSA), the High Court has ruled.
In a ruling which is bound to cause consternation in the construction and associated industries, the Court of Appeal has ruled that falls in property values that coincide with project delays can give rise to an actionable loss.
The scene has been set for a £4.5 million court struggle after the historic facade of a landmark former Methodist chapel in Bradford was seriously damaged whilst it was being converted into luxury flats.
In the context of a contractual dispute in respect of a land decontamination project, arguments that an adjudicator unlawfully restricted his own jurisdiction by treating himself as bound by another adjudicator’s previous decision have been rejected.
A father who claims that serious injuries suffered by his baby son were caused by a fall from his bouncy chair has been denied permission by the Court of Appeal to present a leading biomechanical engineering expert’s evidence in support of his case.
A university graduate has won a Court of Appeal ruling that a government flagship back-to-work scheme requiring her to work for free at a discount store was unlawful. The court declared that the Jobseeker’s Allowance (Employment, Skills and Enterprise) Regulations 2011, under which many such schemes were created, do not comply with the requirements of the Jobseekers Act 1995.
An estate agent who claimed entitlement to a 25 per cent share of the profits made by the builders of a prestige hotel and apartment development – on the basis that he introduced them to the project – has had his case dismissed.
A developer that failed to win a £70 million contract for the construction of a major sports and arts facility has failed to convince the High Court that it was the victim of deceit and fraudulent misrepresentation on the part of the local planning authority.
A lack of precision in the drafting of a planning permission gave rise to a High Court dispute as to whether occupation of a plot of redundant agricultural land was open to travellers and gypsies in general or restricted to ‘travelling showpeople’.
A planning inspector was correct to issue a certificate of lawful use to the owner of a garden centre, enabling it to sell an unrestricted range of retail goods. The objection of the local planning authority (LPA) that such a use would breach a condition attached to the original grant of planning permission was rejected by the High Court.
A gravely injured road accident victim has settled her damages claim for a lump sum of £1,569,600 and periodical payments of £20,000 per annum, index-linked and tax-free for the rest of her life, on the basis of 75% liability.