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Victoria Raven
 

Hide and seek

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One of the critical stages of litigation is the point at which the opposing parties are required to reveal to each other all of the documents they have in their possession which are relevant to the claim, and whether they help or hinder the disclosing...

Nowhere to hide

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The recent case of Lonestar Communications Corp LLC v Kaye has served as a reminder that you cannot simply ignore a claim, however much you may wish it would go away. The Claimant made a claim for damages against a number of Defendants, one of which was...

The Tenant Fees Act: Landlords Take Note

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The Tenant Fees Act 2019 (“the Act”) came into effect on 1 June 2019. It applies to all new contracts signed after this date and will also apply to any existing tenancies from 1 June 2020. The Act prohibits landlords and agents from...

Freefall: Landlords and the Defective Premises Act 1972

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Ms Rogerson (“Ms R”) lived in a Council property owned by Bolsover District Council. Ms R was the tenant and Bolsover Council the landlord. In September 2013, Ms R was mowing her front garden when she stepped backwards onto a manhole cover. The...

Paved with good intentions

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Does it really matter if your neighbour kindly assumes responsibility for the upkeep of part of your land? Say, for example, the paving stones on your patio are broken and cracked and your neighbour kindly levels the area and repaves the patio. The patio has...

Shop or drop

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The Upper Tribunal has ruled that a landlord’s failure to shop around and obtain a competitive insurance quote meant that the premium was not “reasonably incurred” and therefore not payable by the tenants. In the case of Cos Services Ltd v Nicholson & Willans, a landlord was responsible for the insurance of a block of flats. The tenants were obliged to contribute to the insurance premium via the service charge.

Boundary disputes - nipping them in the bud

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Boundary disputes between neighbours are a perennial problem. They always have been and they probably always will be. They rarely end well. They cause a great deal of animosity and tension. And disputes can arise in relation to the smallest patch of land...

Defective Premises - landlords treading a very fine line

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For the second time in twelve months, the court has excused a landlord from potential liability under the Defective Premises Act 1972. The Defective Premises Act imposes a duty on a landlord to ensure that a property is maintained and repaired in such a way...

The Court cracks the whip

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A recent case has provided a stark warning to potential defendants that they should pay close attention to court documents and act promptly ( Royal Brompton and Harefield NHS Trust v Shaikh). In this case, the claimant served a claim on the defendant,...

Service charges - a chilling reminder for landlords

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Service charges are one of the principal areas of dispute between leaseholders and their landlords. A recent case has again highlighted the importance of landlords being aware of the key regulation in this area and what they need to do to comply with the...

Dreaded Japanese Knotweed

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There are many things a potential buyer should be aware of, but none more so than the dreaded Japanese Knotweed. This invasive plant spreads like wildfire and is well-known to cause damage to buildings and hard structures. Not an attractive prospect for a...

A Solicitor Cover Up

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A solicitor caught up in a fraudulent property transaction was cleared of dishonesty despite breaching the Money Laundering Regulations 2007 and subsequently trying to cover the matter up. The case of Pemberton Greenish LLP v Henry [2017] concerned a claim...

Experts: the importance of independence

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In a large number of cases that litigate, expert evidence is required. Expert evidence is evidence of technical or scientific matters, provided by an independent expert witness with expertise in his or her field. It is usually used to assist the court when...

Space-sharing innovation, Airbnb, under threat

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Anyone, anywhere in the world, can list space for rent on the space-sharing website, Airbnb. ‘Space’ is the keyword – you don’t have to own a palace or a luxury annex to earn some extra cash. In fact, the founders of Airbnb literally...