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Legal Article

A cautionary tale: Defamation during the course of a presentation

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…

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Forbes News

Lease Renewal notices - to serve or not to serve?

26 Nov 2019

This article examines what happens when a lease ends and the situations where it is beneficial to serve a notice under Part II of the Landlord and Tenant Act 1954 ("The 1954 Act"). We are often instructed by commercial landlords to serve 1954 Act notices after a lease has expired and…

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Legal Article

Claimant successful & beat Part 36 offer at Court

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…

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Legal Article

Landlord problems: Beware of waiving the right to forfeit

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…

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Legal Article

Preparing your professional negligence claim

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…

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Legal Article

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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Forbes News

Landlord Problems: Forfeiture of a Commercial Lease in Mixed Use Premises

01 Nov 2019

In the second of our series of practical guidance on common landlord problems, we look at the issue of forfeiture of mixed-use premises. Scenario: the landlord owns a mixed-use property let out to a tenant under one lease. The property comprises of a shop on the ground floor and a flat upstairs,…

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