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Hughes Holland v BPE Solicitors [2017] UKSC 21

This was an appeal concerning the correct approach to damages where a client incurred loss in a transaction that, but for his advisor’s negligence he would not have entered into, but as a result of risks which it was no part of the advisor’s duty to protect against.

Mr Little approached Mr Gabriel asking for a loan of £200,000 (“the...

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Construction Negligence: an overview of 2017

The end of the year lends itself to a time of reflection, and similarly to case-law reviews. As I pick which professional – from social workers to solicitors – to focus upon, I return to that reliable source of litigation: Construction. 2017 has been another year which illustrated that there is still uncertainty in this field/minefield but, perhaps...

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A point of principle: the Supreme Court clarifies the "but for" test

Tiuta International Limited (in liquidation) (Respondent) v De Villiers Surveyors Limited (Appellant) [2017] UKSC 77

  1. In a tightly drawn 15 paragraph judgment, delivered last week, Lord Sumption overturned the decision of Moore Bick LJ in the Court of Appeal, and restored the first instance decision of Timothy Fancourt QC, sitting as a Deputy High Court judge. The...
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C N v Poole Borough Council

Judgment in the case of CN v Poole Borough Council (Edward Faulks QC& Paul Stagg) for Defendant/Appellant) will be handed down on Thursday 21st December 2017 at 9.45am – A full note on the implications of the Judgment will be available after the Judgment is handed down

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Chancery Master: Appointment - Karen Shuman

We are delighted to announce that The Queen has appointed to be a Master of the Chancery Division on the advice of the Lord Chancellor, the Right Honourable David Lidington MP and the Lord Chief Justice of England and Wales, the Right Honourable Sir Ian Burnett.

The Lord Chief Justice has deployed her to the Royal Courts of Justice with effect...

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Grasso v Naik & 20 other irregular divorce petitions (Queen’s Proctor intervening) [2017] EWHC 2789 (Fam)

In this decision the President of Family Division, Sir James Munby, concurred with the submissions of the Queen’s Proctor that some 21 divorces had been tainted by fraud not least as the address given on the petition of one or other party to the petitions was a lie. Accordingly he ordered that all the decrees of divorce in the 21 petitions would be set aside...

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CLIENTS 'MOST IMPRESSED' WITH 1 CHANCERY LANE

Following strong rankings in this year’s Chambers & Partners and Legal 500 rankings, we are delighted to have been mentioned as one of the ‘chambers solicitors [were] most impressed with’, for service and client care. In a major report, by Thomson Reuters, 1 Chancery Lane was one of only 13 chambers, across the UK, to receive a mention for...

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Entire Agreement Clauses

An entire agreement clause is used by the draftsman to try to ensure that what he drafts is the full extent of the obligations between the parties. The purpose of such a clause is to achieve certainty and forestall disputes about whether things were or were not said prior to exchange of contracts. This is a reasonable object and the courts are generally willing to...

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