Publications: November 2015

 

Autumn Training Day – Fraud, Deceit & Dishonesty

The top 10 things to think about: Thinking outside the box: deceit as a stand-alone basis for a claim. Deceit: the closest we get to pure allegation of fraud. “First, in order to sustain an action of deceit, there must be proof of fraud, and nothing short of fraud will suffice. Secondly, fraud is proved, […]

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Autumn Training Day – Liquidated Damages & Penalties

Scenario 1 Big Property Ltd has identified a potentially valuable development site, but does not wish to take the risk of developing the site on its own. It identifies Major Developer Plc as a potential joint venture partner. Major Developer is a particularly attractive partner for Big Property, as it has plenty of relevant experience, […]

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Autumn Training Day – The Aga Saga

Introduction In the cases of GOOD HARVEST V CENTAUR [2010] Ch 426 and K/S VICTORIA STREET V HOUSE OF FRASER (STORES MANAGEMENT) LTD [2012] Ch 497 first the High Court and then the Court of Appeal had to grapple with what had previously been a much debated question. This was whether a guarantor of an […]

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Autumn Training Day – Summary Possession Orders – Current Practical & Legal Issues

Introduction The ability to apply to the Court for a summary order for possession pursuant to CPR Part 55 against “persons unknown” is a well-known and established procedure. It is intended to provide a quick and easy scheme for a landowner to recover possession of property from unwanted and unauthorised occupiers. Nevertheless, the urgent circumstances […]

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Autumn Training Day – The Forme of a very perfect Lease (1543)

What can a sixteenth century lease teach us about twenty-first century landlord and tenant problems? Mark Wonnacott QC, Maitland Chambers Taken from ‘A new boke of presidentes in the maner of a register, wherein is comprehended the very trade of makyng all maner evydence and instruments of practyse ryght commodyous and necessary for every man […]

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