A law firm, which bungled the service of a Claim Form, has cost its client the opportunity to have its case heard in court. The firm may now face a negligence claim because of its failure. Service of a Claim…read more
Bank liable for rent after lease surrender fails. Published December 2017
Deutsche Bank has been left on the hook for rent of £2.6m a year after its attempt to surrender a headlease failed. The surrender was declared void after it emerged that the property owner, Hayes Freehold, had mortgaged the freehold…read more
Rule-makers set to clamp down on emails to court. Published December 2017
New rules may force parties in civil cases to copy the other side into their emails to the court. The only exceptions could be where there is a “compelling justification” to exclude the other side, such as requests for a…read more
Unsuitable mortgage advice costs broker £30k+. Published December 2017
A financial adviser has been ordered to pay over £30k in compensation after recommending an interest-only mortgage to a client who intended to fund repayments through an investment in Harlequin, a high-risk unregulated property scheme. The Financial Ombudsman Service (FOS)…read more
Bespoke contract terms prevent contractor claiming for delay. Published December 2017
A contractor building a substantial residential property has been unable to claim for an extension of time after the development was delayed, despite some of the delay being caused by the employer. The case re-affirmed that the courts will give…read more
Government plans crackdown on property agents. Published November 2017
Private tenants and leaseholders could be overpaying managing agents by £1.4bn a year according to the government. The Department for Communities & Local Government has issued a ‘Call for Evidence’ to see if a new regulatory model is needed in…read more
Financial services complaints exceed 3 million in first 6 months of 2017. Published November 2017
More than 3 million customers made complaints about financial services firms in the first six months of 2017 according to the Financial Conduct Authority (FCA). Almost one third of these related to unsuitable advice. But a closer examination of the…read more
Mediation must be encouraged to settle disputes say influential report. Published November 2017
Mediation has failed to become an integral part of the dispute resolution process, with too many cases ending up in the courts, says an influential interim report by the Civil Justice Council (CJC). A CJC working group wants to see…read more
Duty of care is lower when working for reduced fees says Court of Appeal. Published November 2017
Solicitors handling cases on reduced fees have a lower duty of care to their clients the Court of Appeal has suggested in a recent case. A law firm escaped a claim for damages, in part because the judge considered that…read more
Construction delay damages payable despite contract ambiguity says Court. Published November 2017
Lack of clarity in a construction contract was insufficient grounds for a sub-contractor to escape paying damages for delays the High Court has ruled. Beumer Group is a specialist provider of baggage handling and other logistics technology. It was hired…read more
