Tag: Blacks Solicitors
BLACKS SOLICITORS: Can Pay But Won’t Pay
If a creditor is owed money by a debtor and the debt is not disputed then, usually, the quickest way to extract payment would...
BLACKS SOLICITORS: Can The Court Intervene In Party Wall Disputes?
The Party Wall etc Act 1996 (“the Act”) provides a framework for preventing or resolving disputes in relation to party walls, boundary walls and...
BLACKS SOLICITORS: Foot Dragging On Mediation Will Not Be Tolerated
The Court of Appeal recently reminded litigants that they must give mediation proper consideration and that anything less will result in cost penalties being...
BLACKS SOLICITORS: Dance of the Corporate Veils
The “corporate veil” is the principle by which the liabilities of a limited company cannot be pursued against directors or shareholders, who are not...
BLACKS SOLICITORS: Tales from the Riverbank: Adverse Possession by Boat
Adverse possession, the principle that simply by occupying land for a certain period of time you might acquire legal ownership of that land, is...
BLACKS SOLICITORS: The Price Of Free Services
The recent judgment by the Court of Appeal in the case of Lejonvarn v Burgess & Another should act as a salutary reminder to...
BLACKS SOLICITORS: Once more into the Hedge
The saga of the mis-selling by the banks of Interest Rate Hedging Products (“IRHP”), commonly known as Interest Rate Swaps, rumbles on.
It was...
BLACKS SOLICITORS: Shareholder’s Undertaking Not Good Enough
In civil proceedings, where a claim is brought by a corporate entity the defendant can, if it has evidence that the claimant is unlikely...
BLACKS SOLICITORS: Conduct Is All Important
In litigation, compliance with court directions and court rules is paramount.
Equally important is a party’s behaviour and conduct. This was highlighted in the...
BLACKS SOLICITORS: # Come fly with me … fly with me…
In litigation a party’s conduct can sometimes have a significant bearing on the outcome of the case. So it proved in FlyMeNow Limited v...
BLACKS SOLICITORS: Do you have capacity?
In the case of Fehily v Atkinson which was heard by the High Court at the end of last year, the Court had to...
BLACKS SOLICITORS: Court refuses to save an incomplete contract
The recent case of Wells v Devani has highlighted the perils of failing to agree the terms of a contract fully before performing that...
BLACKS SOLICITORS: Failure to complete
On a typical conveyancing transaction the buyer is required to pay to the seller a deposit equivalent to 10% of the purchase price upon...
BLACKS SOLICITORS: No duty on banks to advise on onerous loan...
As readers of this publication will be aware, in the last few years there have been various articles covering the mis-selling of interest rate...
BLACKS SOLICITORS: Keeping time
There has been plenty of case law on the subject of when a claim is “brought” for the purposes of stopping a limitation period...
BLACKS SOLICITORS: Landlord’s Consent – a step too far could be...
The relationship between commercial landlords and their tenants is complex. In many cases their interests are diametrically opposed and never more so than when...
Priced out of the Market – the effect of court fee...
The government’s major increase in civil court issue fees went live back in April 2015. Prior to that date fees were relatively modest, scaling...
Delay proves fatal
The recent High Court case of Goldcrest Distribution Limited v (1) Charles McCole (2) Mary McCole and Another is a salutary reminder for those...
Breaking up is hard to do
The area of property law regularly throws up examples of traps for the unwary. That has proved to be the case once again.
The...
Cards on the table please
Litigation should always be a last resort. This is the reason why the courts encourage, and indeed expect, parties to try to resolve their...
