Dispute Resolution Legal Articles

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Professional negligence claims in property transactions

15 Nov 2019

Just as an administrator of a SIPP or SSAS has duties to the trust, a solicitor instructed on behalf of the trust has a duty of care. Forbes have experience acting on behalf of pension funds against their former lawyers for failing to spot a defect in the title, such as a restrictive covenant or a…

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Avoiding an Accidental Sale of Land

18 Oct 2019

Neocleous v Rees [2019] EWHC 2462 (ch) What happened in this case? The parties were in dispute about the use of a right of way. Rees' solicitors emailed Neocleous's solicitors, offering to transfer land in settlement of the dispute. The name of the solicitor was automatically…

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Restrictive Covenants in Long Leases

01 Oct 2019

Shaviram Normandy Ltd v Basingstoke and Deane Borough Council [2019] UKUT 256 (LC), the Upper Tribunal (Lands Chambers). What happened in this case? Shaviram Normandy Ltd (Shaviram) was the tenant of a purpose-built office building let on a long headlease. The use was restricted to offices…

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Education Case Studies

26 Sep 2019

Costs down the drain The Dispute Resolution team at Forbes recently acted for an academy trust which had a vexatious claim issued against it by a neighbour. The neighbour's garden backed onto the school's playing field and he issued a claim for nuisance, alleging that his garden would…

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Disputes Over Fish and Solar Panels

24 Sep 2019

Borwick Development Solutions Ltd v Clear Water Fisheries Ltd What happened in this case? Borwick created lakes on its freehold land and populated them with fish before running the site as a commercial fishery whereby anglers could come and fish for sport, returning any fish they caught…

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Releasing Restrictive Covenants

20 Jun 2019

Alexander Devine Trust v Millgate 2018 What is a restrictive covenant on land? A restrictive covenant over land is a contract which runs with the land, and prevents that owner from doing certain things (usually relating to development or use). How is a restrictive covenant released /…

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Advice on Professional Negligence Claims

14 Jun 2019

Advice given by professionals will be of the utmost importance to the client relying on it and be fundamental to business decisions. This may include examples such as legal advice on a significant transaction, an architect assisting with a construction project, engaging a chartered accountant to advise…

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Queen's Speech confirms GDPR to survive Brexit

26 Jun 2017

Through last week's Queen's Speech, the government confirmed that which the ICO has already indicated: that there will be data protection law in the UK post-Brexit. Alongside the Great Repeal Bill and various others, will sit a Data Protection Bill, as outlined on pages 46 & 47 of the Queen…

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GDPR Countdown

13 Apr 2017

With just over a year to go before the General Data Protection Regulation (GDPR) enters into force you may have started to think about how this impacts your business. A risk based approach is becoming more important because not only are you required to act within the law, you will be required to…

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