Interest Running on a Secured Loan: Houssein and Refinancing
Earlier this year I wrote about the High Court’s decision in Houssein v London Credit, where the court upheld a substantial default interest clause and rejected the argument that it was an unenforceable penalty. The case has now returned to the Court of Appeal - and this time the focus was on something far more […]
Valuers, Brackets, and Legal Lessons: Insights from Bratt v Jones
In professional negligence claims, expert evidence is essential. If there’s a concern that a professional has made a serious error, the court relies on input from someone qualified in the same field to assess whether that concern is justified. Without it, the claim is unlikely to succeed - except in cases involving lawyers, where judges […]
When Property Advice Fails: Understanding Your Rights in Professional Negligence Claims
Buying or selling property involves significant trust, and when legal advice falls short, the consequences can be costly. Most issues arise not from general property guidance, but from professional negligence in legal property advice - situations where a solicitor or conveyancer fails to meet the standard of care expected of a competent practitioner. Whether it’s […]
Japanese knotweed and claims for diminution in value
The role played by diminution in value in claims of nuisance involving Japanese knotweed recently came before the Court of Appeal. In Davies v Bridgend County Borough Council [2023] EWCA Civ 80, the CA found that if the value of neighbouring property was diminished as a result of an interference with quiet enjoyment or amenity […]
Unjust enrichment as an alternative to proprietary estoppel
In a decision recently handed down by the High Court in the case of Mate v Mate [2023] EWHC 238 (Ch) — bringing family farming disputes back into the spotlight following the judgment of the Supreme Court in Guest v Guest [2022] UKSC 27 — the doctrine of proprietary estoppel was again considered in detail, […]
Enforcing judgments against defendants with empty pockets
At the point at which a court hands down judgment, in many cases months or sometimes years after a commercial dispute has arisen and proceedings first issued, and the final outcome is in the Claimant’s favour, this is likely to represent a real moment of triumph. Still, any jubilation may be short-lived if the Defendant […]
Japanese Knotweed – Getting to the root of the matter
Japanese knotweed is an invasive plant and one of the UK's most pernicious weeds. It reproduces and spreads throughout Britain via knotweed, contaminated soil, and rhizome fragments. Since 1850, when it was introduced into the UK by the Victorians as a bamboo-like ornamental plant, knotweed has spread across the UK, with areas of high concentration found […]
Commercial Rent Arrears and the Commercial Rent (Coronavirus) Bill
It is clear to anyone in business that the road to post coronavirus normality is going to be anything but straightforward. Not only do we need to look to a new future, but we also have to rebuild from the wreckage of what has happened. Part of this is the resolution of commercial rent arrears. […]
How does the court deal with uncontroverted expert evidence?
This week I am considering the case of Griffiths v TUI (UK) Limited [2021] EWCA Civ 1442 (CA) which was handed down in the Court of Appeal on 7 October. Earlier this year, in my post about the case of Oaklion Properties Ltd v Denbighshire County Council [2021], I explained that, when preparing for a […]
Construction Contracts and Collateral Warranties
I am taking a look at collateral warranties this week and the Technology and Construction Court decision in the case of Toppan Holdings Limited and 1 other v Simply Construct (UK) LLP. Background The claimants made an application to court for summary judgment to enforce adjudication decisions against the defendant, Simply. Simply had undertaken construction […]