Tag: Blacks
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...
