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Homeowner responsible for repairing building defects

The recent High Court case of Thomas v Taylor Wimpey Developments Limited will be welcomed by housebuilders but not by homeowners. In that case, Mr...

BLACKS SOLICITORS: Protect Your Goodwill

Most Traders work very hard to establish goodwill in their business. Goodwill is the reputation which a trader builds up in relation to specific...

BLACKS SOLICITORS: Is Time Of The Essence?

The phrase “time is of the essence” is one which sometimes appears in contracts but what does it mean and, more importantly, what are...

BLACKS SOLICITORS: Fake News – How Can The Government Ensure That...

The concept of “fake news” came to the forefront of public consciousness during the 2016 US Presidential Election campaign and with the rise of...

BLACKS SOLICITORS: Fraud Doesn’t Always Unravel All

In English law there is a maxim that “fraud unravels all”.  The presence of fraud could invalidate a contractual agreement or undermine a claim...

BLACKS SOLICITORS: “Till Death Do Us Part” -The Perils Of Being...

The recent case of Kings Court Trust Limited v Lancashire Cleaning Services Limited highlights the difficulties that a company can face upon the death...

BLACKS SOLICITORS: Another Bright Spark

Developing land is one way of increasing its value.  However, not all landowners have the expertise or the finance to do that.  Landowners can,...

The difference between defamation and malicious falsehood

If someone makes a false statement about an individual or company then that statement could either be defamatory or a malicious falsehood either of...

BLACKS SOLICITORS: Silence of the Insurers

Generally, insurers are not under a duty to warn policyholders about the need to comply with policy conditions during the claims process.  In the...

BLACKS SOLICITORS: It Is Not Necessarily Where you Live

In a surprising decision to some, the High Court has ruled that a Russian businessman living and working in Russia is domiciled in England...

BLACKS SOLICITORS: Oops… You Were Not Meant To See That!

An important part of the litigation process is the disclosure by the parties to one another of documents relating to their respective cases.  The...

BLACKS SOLICITORS: Court Rules Settlement Is Final

Many disputes settle without the need for litigation and even when proceedings have been issued the majority of cases settle before they reach trial....

Blacks Solicitors: GOVERNMENT TO CRACKDOWN ON LEASEHOLD ABUSE

Under English law property can be held in one of two ways, either under a freehold or a leasehold. When you buy a freehold...

BLACKS SOLICITORS: A Brief History of Lateness – missed deadlines and...

Court cases have a reputation for dragging on, with each step taking weeks or months. The courts themselves are only too aware of this...

BLACKS SOLICITORS: Beware Of Using Work Computers For Personal Matters

The perils of using your work computer for personal matters was recently highlighted in the High Court case of Simpkin v The Berkeley Group...

BLACKS SOLICITORS: Partnership Disputes

A partnership is essentially a business run by two or more people with a view to making a profit.  Unlike an incorporated company it...

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: Indemnities and Guarantees – what’s the difference?

Indemnities and guarantees are both a form of what the law calls suretyship.  A surety is a party who is liable for the payment...

BLACKS SOLICITORS: Insurance Policy Not Good Enough

In litigation, the usual position in relation to costs is that the losing party has to pay the successful party. Sometimes the defendant has...

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: Adjournment of Hearings on Medical Grounds

The recent case of Dove v London Borough of Havering highlights what evidence the Court requires if a trial or hearing is to be...

BLACKS SOLICITORS: Failing to Make It Over the Finishing Line

Part 36 is a provision in the Civil Procedure Rules that creates a certain type of settlement offer which can carry significant costs and/or...

BLACKS SOLICITORS: What Does “Reasonable Endeavours” Mean?

The words “reasonable endeavours” or “best endeavours” can sometimes be found in contracts but what do they actually mean?   The High Court was recently...

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: Your Home May Not Be Your Castle

The law of property ownership can be a study in contradictions. On the one hand, almost everyone will rent or buy property in some...

BLACKS SOLICITORS: Asian Handshake Is Not Good Enough

The intention to create legal relations is an essential part of any contract.  Without such intention the contract cannot be formed.  This issue was...

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: “As soon as possible” does not always mean...

In most public liability insurance policies there is a duty on the insured to notify the insurer of any event which is likely to...

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...

Yorkshire’s number one law firm: Blacks Solicitors enjoy a stellar 2016

Blacks Solicitors’ reputation as one of the county’s leading practices has been reaffirmed in 2016 with the law firm winning both crucial cases and...

BLACKS SOLICITORS: Do you have permission?

In residential tenancies, the landlord usually has the right to re-gain possession of the property if there has been a serious breach of the...

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 trimming of restrictive covenants for hairdresser

Restrictive Covenants are typically found in employment contracts where they are used to regulate the activities of employees during their employment and to enforce...

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...

Blacks Solicitors win best law firm

Yorkshire Legal Awards present dazzling accolade to Leeds firm Blacks Solicitors’ reputation as one of the county’s leading practices was reaffirmed earlier this month after...

BLACKS SOLICITORS: Breach of trust

It is an established principle in law that if a fiduciary, a person who holds a position of trust, breaches that trust, for example...

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...

To terminate or not to terminate?

Commercial contracts commonly provide that if a party wishes to terminate the contract then it first needs to take certain steps before it is...

Fraud unravels all

When is the settlement of a claim between two parties not final?  When there has been fraud involved.  In what is being hailed as...

Blacks Solicitors: Sometimes you don’t have to talk

In an article earlier this year I explained how the courts expect the parties in litigation to try to settle their dispute by Alternative...

To surrender or not surrender

When is a commercial lease surrendered?  The question may appear straightforward but as the tenant found out in the recent case of Padwick Properties...

Better late than never

In the recent case of Pineport Limited v Grangeglen Limited the High Court was asked to consider whether a commercial tenant whose lease had...

BLACKS SOLICITORS: The art of noise

Leases will almost always contain a clause allowing the tenant “quiet enjoyment” of the premises.  Usually, they will also include a term permitting the...

Addressee gone away

Commercial leases usually contain a “break clause” which allows the tenant to terminate early.  To activate such a clause the tenant is required to...