Trecarrel House Limited v Rouncefield
This article was first published in Nearly Legal
HHJ Carr in a reserved judgment handed down on 13 Feb 2019 allowed the Appellant’s appeal against a possession order made by DDJ Rutherford in the Truro County Court on 13 Sept 2018.
The tenancy was an AST granted 20 Feb 2017 of a self-contained flat in a domestic property. Hot water and heating were provided...
ABTA The Travel Law Seminar 22-23 May 2019
We're delighted to announce that Sarah Prager will, again, be speaking at the ABTA Travel Law Seminar. To see the other speakers and programme, click here
Various Claimants v Barclays Bank
In the case of Various Claimants v Barclays Bank, permission to appeal to the Supreme Court has been granted to Barclays.
Barclays is represented by Edward Faulks QC of 1 Chancery Lane and Nicholas Fewtrell, instructed by Alastair Gillespie of Keoghs solicitors.
Miss Shahrab Asim Burney (a minor by her litigation friend Mr M A Y Burney) v Iceland Foods Ltd
Ian Stebbings successfully defends Iceland Foods in a claim by a child that she sustained injury after being struck by an automatic opening door.
The Claimant, a child aged 6, brought a claim under the Occupiers Liability Act, alleging that she had been struck by an automatic opening swing door in the entrance of the store whilst attending with her mother....
Circuit Judge Level Gas Safety Certificate
Richard Cherry has succeeded in the second Circuit Judge level Gas Safety Certificate Case before HHJ Carr in Truro County Court. The judge agreed with the reasoning of HHJ Luba in Caridon v Shooltz that non-service of a Gas Safety Certificate before a tenancy precludes a landlord from relying on a section 21 Notice.
Wells v Devani  UKSC 1106
In Wells v Devani  UKSC 1106 the Supreme Court has ruled that it is possible to imply a term into an agreement to render it sufficiently certain to constitute a binding contract. Indeed, it is possible to imply something that is so obvious that it goes without saying into anything, including something which the law regards as no more than an offer. In so...
MBS v Grant Thornton - The Court of Appeal upholds decision on scope of recoverable damages in professional negligence cases - by Francesca O'Neill
MANCHESTER BUILDING SOCIETY v GRANT THORNTON UK LLP (2019)
 EWCA Civ 40
This important decision of the Court of Appeal sets out valuable guidance on the application of the ‘SAAMCO’ principle to professional negligence claims involving the provision of advice and/or information.
The factual background is well summarised at paragraphs...
Ian Stebbings secures Claimant’s discontinuance by successful collateral waiver of privilege argument.
The Claimant alleged that he had fallen over a temporary road sign. In his CNF he alleged that the time of the accident was 7pm. In his witness statement and Part 18 responses he stated that the accident was between 4-5pm. The timing was crucial as the Defendants did not put any temporary signs out until 6.30pm. Two days before trial the Claimants solicitors...
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