13 Jan 2020
In Part 1 of our Construction Disputes series, we identified that delay and quality issues are often the biggest problems for construction projects and the cause of most disputes. Delay may increase both the time for performance of the contract and the cost of performance for both the Employer, the…
Dispute Resolution
13 Jan 2020
Construction litigation is costly, uncertain and high risk. It gets in the way of ongoing projects, places financial strain on contractors, and creates disruption in the timeframes of a build. Court Proceedings should be a last resort. Whereas the priority for all parties is to get the project…
Dispute Resolution
05 Dec 2019
The law Unless a lease is contracted out, a business tenant has a right to a new lease upon expiry of their contractual term, subject to limited grounds. Section 30 (1) (g) of the Landlord and Tenant Act 1954 contains an 'own occupation' ground. This allows a landlord to refuse the…
Dispute Resolution
29 Nov 2019
Background We recently acted for an organisation which received notification of a claim pursuant to the Pre-Action Protocol for Defamation (now replaced by the pre-action protocol for media and communications as of October 2019). It was alleged that during the course of the two day conference a…
Dispute Resolution
26 Nov 2019
Sequent Nominees Ltd v Hautford Ltd [2019] UKSC 47 What happened in this case? This case concerned a six-storey building let to the tenant. The lease provided that the tenant may not apply for planning permission without the landlord's consent, which must not be unreasonably withheld…
Dispute Resolution
25 Nov 2019
Hochtief (UK) Construction Ltd & Anor v Atkins Ltd [2019] EWHC 2109 (TCC) What happened in this case? The Claimant succeeded at trial in a claim for damages in the sum of £802,475.33 and interest of £77,372.41. The Claimant succeeded on a claim concerning a bridge, but lost…
Dispute Resolution
25 Nov 2019
The third instalment in our series of practical guidance for Landlords continues on with the theme of forfeiture, more specifically the issue of landlord's waiving the right to forfeiture. Scenario: a commercial property is let out to a tenant under a commercial lease with the rent payable on…
Dispute Resolution
21 Nov 2019
Kamran Naqvi v (1) Harris Cartier Limited (In Liquidation) (2) Richard Slade & Co (3) Jeffrey Bacon (4) Brian Levy [2019] EWGC 3042 (QB) What happened in this case? The Claimant brought an action for damages for professional negligence against the Solicitors and Barrister who acted for…
Dispute Resolution
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…
Dispute Resolution
08 Nov 2019
Overview Forfeiture is where a land owner takes back possession from a tenant due to a breach. The court has the power to grant relief from forfeiture to a tenant of a lease. This case examines the ability of the Courts to grant relief where the occupier holds a licence, as opposed to a lease…
Dispute Resolution
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