Archived News from 2019

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Dispute Resolution

December

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November

Legal Article

A cautionary tale: Defamation during the course of a presentation

29/11/19

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…

Forbes News

Lease Renewal notices - to serve or not to serve?

26/11/19

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…

Legal Article

Claimant successful & beat Part 36 offer at Court

25/11/19

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…

Legal Article

Landlord problems: Beware of waiving the right to forfeit

25/11/19

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…

Legal Article

Preparing your professional negligence claim

21/11/19

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…

Legal Article

Professional negligence claims in property transactions

15/11/19

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…

Forbes News

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

01/11/19

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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October

Legal Article

Avoiding an Accidental Sale of Land

18/10/19

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…

Forbes News

Forbes Solicitors Celebrates Legal 500 Successes

02/10/19

Forbes Solicitors is celebrating after being recommended in 15 Legal 500 categories and ranking as a Top Tier Firm, with 35 lawyers listed as recommended. Forbes' category recommendations are up one from last year, with Contentious Trusts and Probate being ranked for the first time. The…

Legal Article

Restrictive Covenants in Long Leases

01/10/19

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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September

Legal Article

Education Case Studies

26/09/19

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…

Legal Article

Disputes Over Fish and Solar Panels

24/09/19

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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July

Forbes News

Tenant Break Notices

30/07/19

What is a break clause? A break clause is a term in a lease which allows a party (usually the tenant) to end the lease earlier than the contractual end date. The advantage to a tenant is that if they are unsure about the profitability of the business at that location, they can vacate sooner…

Forbes News

Forbes Appoints Michael Chambers To Lead Growing Dispute Resolution Team

08/07/19

Leading legal firm Forbes Solicitors has appointed Michael Chambers as Partner and head of its growing Dispute Resolution team. The team has also been boosted by the arrival of Laura Hallett Lea as an Associate, Jordan Davies as a Solicitor, Andrew Wilkinson as a Paralegal and Sophie Jackson as a…

Forbes News

The Power of a Part 36 Offer to Settle

04/07/19

JLE v Warrington & Halton Hospitals NHS Foundation Trust [2019] What is a Part 36 Offer? A Part 36 offer is an offer to settle a case pursuant to Part 36 of the Civil Procedure Rules. There are unique consequences for an offeree who rejects a Part 36 offer and then fails to 'beat…

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June

Legal Article

Releasing Restrictive Covenants

20/06/19

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 /…

Legal Article

Advice on Professional Negligence Claims

14/06/19

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…

Forbes News

Landlord & Tenant Update - New Eviction Form 6A s.21 Notice

12/06/19

A new version of Form 6A (the s.21 notice) has been introduced and must be used by landlords from the 1 June 2019. The new Form 6A (s.21 notice) can be found here: http://www.legislation.gov.uk/uksi/2019/915/contents/made This change has been ushered in as part of the government's introduction…

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