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Charging orders survive bankruptcy

A recent decision will come as some relief to creditors who have benefit of a charging order. In Nationwide Building Society v Wright & Another [2009], the Court of Appeal […]

Exclusion clauses

A recent important decision is worth knowing about as it has the potential to significantly affect the enforceability of exclusion clauses. In the light of the decision, you may wish […]

First corporate manslaughter charge

The prosecution of a Birdlip-based geotechnical company began in June at Stroud Magistrates’ Court, marking a new chapter in English law. It is the first case brought under the Corporate […]

When unwelcome guests come to call …

When property litigation lawyer Nick Cox receives an urgent call first thing in the morning from a director or property manager, he has a fairly good idea of what is […]

Energy from biomass

Renewable energy is a hot topic at present. Some of the ‘big subjects’ under debate are the need to increase low carbon energy production to enable the UK to meet […]

Farmer wins claim over deceased relative’s farm

We have reported before on a case in which the courts applied a remedy known as proprietary estoppel. This is a means by which property rights may be affected or […]

Derogation from grant: you can’t give with one hand and take with the other

A recent Court of Appeal decision is a reminder of the legal principle of ‘derogation from grant’. This is a legal term for the rule of common honesty meaning someone […]

Plugging the gap

A letter of intent can be a useful device to plug the gap during commercial negotiations pending agreement of a final contract. However, for those involved in the legal process, […]

Tips won’t count towards wage

Using tips to make employee’s pay up to the national minimum wage (NMW)  levels is to be outlawed from October this year. The government’s decision followed consultation on the use […]

Unfair dismissal claim – beyond belief?

An executive sacked from a giant property company has successfully claimed he was unfairly dismissed because of his ‘philosophical belief in climate change’. The claimant, Tim Nicholson, had been made […]

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