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Firm Could not Use Client Account to Settle its Fees

Published on: 12 February 2013 | in categories: Legal Updates | Civil Litigation Updates | News and Updates

Firm Could not Use Client Account to Settle its Fees

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.

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Employer Entitled to Full Asbestos Indemnity

Published on: 11 February 2013 | in categories: Personal Injury Updates | Legal Updates | News and Updates

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.

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‘Land-Banking’ Scheme Breached Investment Rules

Published on: 10 February 2013 | in categories: Commercial Property Updates | Legal Updates | News and Updates

‘Land-Banking’ Scheme Breached Investment Rules

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 2000Financial Services and Markets Act 2000 and thus subject to regulation by the Financial Services Authority (FSA), the High Court has ruled.

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Planning Inspector Had ‘No Power’ to Grant Wind Farm Consent

Published on: 06 February 2013 | in categories: Commercial Property Updates | Legal Updates | News and Updates

Planning Inspector Had ‘No Power’ to Grant Wind Farm Consent

Planning permission for a wind farm on the Isle of Anglesey has been quashed by the High Court on grounds that a planning inspector had no jurisdiction to grant it. Pursuant to regulation 9(2) of the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999, the inspector was required to submit the plans to the Welsh Ministers for a screening opinion as to whether an environmental impact assessment (EIA) was required.

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Fall in Property Values Was An ‘Actionable Loss’ Court Rules

Published on: 04 February 2013 | in categories: Commercial Property Updates | Legal Updates | News and Updates

Fall in Property Values Was An ‘Actionable Loss’ Court Rules

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.

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Damage to Historic Building Façade Leads to £4.5 Million Claim

Published on: 03 February 2013 | in categories: Commercial Property Updates | Legal Updates | News and Updates

Damage to Historic Building Façade Leads to £4.5 Million Claim

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.

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Contract Dispute Adjudicator Did Not Breach Natural Justice

Published on: 30 January 2013 | in categories: Commercial Property Updates | Legal Updates | News and Updates

Contract Dispute Adjudicator Did Not Breach Natural Justice

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.

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Father Blames Bouncy Chair Fall for Baby’s Injuries

Published on: 24 January 2013 | in categories: Personal Injury Updates | Legal Updates | News and Updates

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.

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Holidaymakers Win Damages for Ruined Trip

Published on: 20 January 2013 | in categories: Personal Injury Updates | Legal Updates | News and Updates

Holidaymakers Win Damages for Ruined Trip

Sixty-nine British people who contracted a stomach bug whilst on holiday in Spain have won more than £200,000 in compensation.

The tourists visited the Beach Club Hotel in Torremolinos, Spain, between 2007 and 2008.

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Government Back-to-Work Regulations Declared Unlawful

Published on: 11 February 2013 | in categories: Legal Updates | Employment Updates | News and Updates

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.

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Railway Widwo Wins Compensation

Published on: 10 February 2013 | in categories: Personal Injury Updates | Legal Updates | News and Updates

Railway Widwo Wins Compensation

A woman from Swindon whose husband died of an asbestos-related disease has won £145,000 in compensation from his former employer.

Sheila Simpson brought the case after her husband, Robin, died less than a year after he first developed symptoms of the illness that killed him.

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Estate Agent Refused Prestige Development Introduction Fee

Published on: 06 February 2013 | in categories: Commercial Property Updates | Legal Updates | News and Updates

Estate Agent Refused Prestige Development Introduction Fee

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.

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Developer Fails to Prove Local Authority Deceit

Published on: 06 February 2013 | in categories: Commercial Property Updates | Legal Updates | News and Updates

Developer Fails to Prove Local Authority Deceit

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.

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‘Travelling Showpeople’ Planning Ruling

Published on: 04 February 2013 | in categories: Legal Updates | Civil Litigation Updates | News and Updates

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’.

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Garden Centre Can Sell Whatever It Likes

Published on: 03 February 2013 | in categories: Commercial Property Updates | Legal Updates | News and Updates

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.

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Road Accident Victim Wins Millions

Published on: 29 January 2013 | in categories: Personal Injury Updates | Legal Updates | News and Updates

Road Accident Victim Wins Millions

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.

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Charity Non-Domestic Rates Ruling

Published on: 23 January 2013 | in categories: Commercial Property Updates | Legal Updates | News and Updates

Charity Non-Domestic Rates Ruling

A local authority has suffered a setback in its attempt to make an international aid charity occupying two very large warehouses in its area pay more than £1.6 million in non-domestic rates.

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