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  • Article

    Parks And Interpretation – Wyldecrest Parks Management Ltd [2024] UKUT 355 (LC)

    The Upper Tribunal ruled in *Wyldecrest Parks Management Ltd [2024]* that the First-tier Tribunal cannot delegate serving its directions to parties, emphasizing procedural fairness and statutory compliance.
    United KingdomReal Estate and Construction
    Gatehouse Chambers
    Gatehouse Chambers
  • Article

    Re-Opening Refusals Of Permission To Appeal: One Jurisdiction Or Two? CRAFT v Pope & Cann

    Ceredigion Recycling & Furniture Team is a private company limited by guarantee that had been incorporated to take over a project started by volunteers in Aberystwyth to recycle furniture and other domestic items.
    United KingdomCorporate/Commercial Law
Gatehouse Chambers
Gatehouse Chambers
  • Article

    R (On The Application Of Palmer) (Appellant) v. Northern Derbyshire Magistrates Court And Another (Respondents) [2023] UKSC 38

    On 1 November 2023, the Supreme Court handed down its decision in the case of R (on the application of Palmer) v. Northern Derbyshire Magistrates Court. In a unanimous decision, the Supreme Court held that an administrator appointed under the Insolvency Act 1986 ("IA 1986")...
    United KingdomInsolvency/Bankruptcy/Re-Structuring
    Gatehouse Chambers
    Gatehouse Chambers
  • Article

    But The Assets Are Already Frozen! Where Civil Freezing Orders And Criminal Restraint Orders Collide

    The Claimants were two companies and their respective administrators, who alleged in the main proceedings that substantial sums had misappropriated, by or for the benefit of the Defendants, ...
    United KingdomLitigation, Mediation & Arbitration
    Gatehouse Chambers
    Gatehouse Chambers
  • Article

    Part 36 Offers When The Prognosis Is Unclear

    As has been widely publicised, QOCS cases issued before 6 April 2023, rule 44.14 allows a Defendant to enforce a costs order made in its favour, but only where there has been an Order...
    United KingdomLitigation, Mediation & Arbitration
    Gatehouse Chambers
    Gatehouse Chambers
  • Article

    First Tier Tribunal Cautions Against Unreasonable Costs In Negotiating MSV Agreements Under The Electronic Communications Code

    In a decision under the Electronic Communications Code, the First-Tier Tribunal denied the Respondent site provider a substantial proportion of its transactional...
    United KingdomReal Estate and Construction
    Gatehouse Chambers
    Gatehouse Chambers
  • Article

    Forgery, Shams And The Defence Of Illegality In Property Transactions

    What is the legal position where A and B jointly own a property; B forges A's signature on the transfer to C who is aware of the forgery; and C charges the property to D?
    United KingdomReal Estate and Construction
    Gatehouse Chambers
    Gatehouse Chambers
  • Article

    Strict Duties Under The DPA: Does The Decision In Vainker v Marbank Bring Us Any Closer To Getting A Firm Answer On This?

    It was probably inevitable that the retrospective extension of time to 30 years for bringing claims under the Defective Premises Act 1972 (the "DPA"), introduced by the Building Safety Act 2022...
    United KingdomReal Estate and Construction
    Gatehouse Chambers
    Gatehouse Chambers
  • Article

    Supreme Court Finds Service Charge Certificate Not Conclusive On Liability (Sara & Hossein Asset Holdings Ltd (a Company Incorporated In The Brit-ish Virgin Islands) V Blacks Outdoor Retail Ltd)

    The Supreme Court has handed down its decision in Sara & Hossein Asset Holdings Ltd (a company incorporated in the British Virgin Islands) v Blacks Outdoor Retail Ltd [2023] UKSC 2.
    United KingdomReal Estate and Construction
    Gatehouse Chambers
    Gatehouse Chambers
  • Article

    Take Notice Of These Decisions

    The Supreme Court decision in A1 Properties (Sunderland) Ltd v Tudor Studios RTM Co Ltd [2024] UKSC 27 may be one of the most significant property law decisions of this year.
    United KingdomReal Estate and Construction
    Gatehouse Chambers
    Gatehouse Chambers
  • Article

    Weston Homes Plc v Henley Developments 211 Limited, Henley Property Investments (UK) LLP

    In Weston Homes Plc v Henley Developments, the court ruled that the Buyer could terminate the contract and reclaim the deposit, even if the termination resulted from their own breach. The decision emphasized that the contract's clear terms prevailed over general contract construction principles, confirming that the right to terminate was not limited by prior breaches. This highlights the importance of understanding the precise language of contract terms when determining rights and obligations.
    United KingdomReal Estate and Construction
    Gatehouse Chambers
    Gatehouse Chambers
  • Article

    Notification In The Context Of Excess Of Loss Insurance

    This article explores the complexities of notification requirements in excess of loss (EOL) insurance, emphasizing the importance for insureds to understand the thresholds for notifying EOL insurers about claims or potential claims, particularly in light of primary policy coverage.
    United KingdomInsurance
    Gatehouse Chambers
    Gatehouse Chambers
  • Article

    International Commercial Arbitration: The Applicable Laws Theorem

    One of the most interesting aspects of international arbitration are the applicable laws. For me, what makes international arbitration stand out as its own system of law, much like the law of contract...
    GlobalLitigation, Mediation & Arbitration
    Gatehouse Chambers
    Gatehouse Chambers
  • Article

    Chohan v Ved And Others [2024] EWHC 739 (Ch)

    Mrs Chohan's derivative claim under the Companies Act 2006 (‘CA 2006') on behalf of Nexbell Limited (‘the Company'), alleging breaches by Mr Ved of the duties he owed to the Company as its (at the material time)...
    United KingdomCorporate/Commercial Law
    Gatehouse Chambers
    Gatehouse Chambers
  • Article

    European Law Directly Applied To Pre-Brexit Personal Injury Claim (Wetherell v Student Loans Company Ltd)

    The Court of Appeal has clarified that Article 3(1) of Directive 2009/104/EC can be directly enforced against state emanations in pre-Brexit workplace injury claims, even where domestic statutory remedies have been removed. This landmark ruling also corrects the legal test for identifying state emanations, establishing that the Foster v British Gas criteria are alternative rather than cumulative.
    United KingdomEmployment and HR
    Gatehouse Chambers
    Gatehouse Chambers
  • Article

    Hybrid Working – What Are The Employment And Digital Pitfalls?

    The article emphasizes the need for businesses to carefully manage hybrid work arrangements by considering legal, cyber security, and employment law factors, including flexible work requests, data security, and discrimination risks.
    United KingdomEmployment and HR
    Gatehouse Chambers
    Gatehouse Chambers
  • Article

    The Government Consultation On TOLATA – Practical Implications For Property Lawyers

    The Ministry of Justice's consultation on cohabitation law reform proposes a new statutory framework that would automatically provide financial remedies for unmarried couples on separation...
    United KingdomFamily and Matrimonial
    Gatehouse Chambers
    Gatehouse Chambers
  • Article

    Clauses In Conflict Re-visited – Construing Arbitration, Choice Of Law And Jurisdiction Clauses (AIG Europe SA v John Wood Group, CA)

    The Court of Appeal upheld a trial judge's anti-suit injunction preventing proceedings continuing in Canada upholding an exclusive jurisdiction clause found in insurance contracts forming part of an insurance tower.
    United KingdomInsurance
    Gatehouse Chambers
    Gatehouse Chambers
  • Article

    Chalet Land, A Possession Claim, An Application For Summary Judgement And Strike Out – What Could Go Wrong?

    The recent case of Abbotsley Limited v Pheasantland Limited [2025] EWHC 654 (KB) has reiterated the practical difficulty faced when seeking to obtain an ‘early determination' of a possession case.
    United KingdomLitigation, Mediation & Arbitration
    Gatehouse Chambers
    Gatehouse Chambers
  • Article

    Informed Consent: What Is The Test For Reasonable Alternative Or Variant Treatments?

    The Supreme Court in Montgomery imposed (or perhaps clarified) a duty to ensure that any patient is aware of the material risks involved in any recommended treatment.
    United KingdomLitigation, Mediation & Arbitration
    Gatehouse Chambers
    Gatehouse Chambers
  • Showing 441–460 of 717 results

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