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Monthly Archives: June 2012

Gross Exaggeration Of Claim: Fairclough Homes Vs Summers

The Supreme Court has ruled that while in theory a Court has power to strike out the whole of a claimant’s claim which had been grossly exaggerated, it could barely envisage the circumstances in which such an extreme sanction might be justifiable. The issue arose in the context of a personal injury claim which had […]

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Oliver Vs Symons: Extent Of A Right Of Way

The Court of Appeal has ruled that, in the absence of evidence to the contrary, a right of way does not extend beyond the verges of the track over which it runs and does not include a right to swing space for wide loads extending beyond the verges of the track. The determination in the case […]

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Economic Duress: Progress Bulk Carriers Vs Tube City

Do you like driving a hard bargain? If you do, or are involved in commercial negotiations, you should be aware that the High Court has recently held that conduct which is not in itself unlawful may still constitute economic duress and may therefore render a contract voidable. In this case, the owners of a cargo […]

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Residential Lettings: Landlords’ Obligations

Summary: With reports of rents hitting all-time highs, you may currently be considering whether to become a landlord. The law imposes a number of obligations on landlords and this briefing note provides an overview of some of the regulations of which you should be aware. The obligations of a landlord depend on the type of […]

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