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Being let down

David Rogerson
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Every solicitor owes a duty of care to their clients to give professional and appropriate advice. Unfortunately, sometimes things can go wrong and the outcome of your claim may not be as you expected. This often the case in personal injury and/ or clinical...

SPOTLIGHT ON FORFEITURE OF COMMERCIAL LEASES

Robert Clark
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In the context of commercial leases, forfeiture simply means termination of the lease by the landlord for some default on the part of the tenant. With rare exceptions, the landlord needs to be able to rely upon an express forfeiture provision contained in...

SPOTLIGHT ON DILAPIDATIONS

Robert Clark
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Landlords and tenants of commercial property need to keep a close eye on repairing obligations under a lease. Claims for breach of a repairing obligation are known as “dilapidations claims”.  The subject of dilapidations claims never goes...

Going to see a man about a dog...

David Rogerson
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Should lawyers should fear the implications of a case where an architect was found liable for free professional advice to friends? Perhaps not but they must still exercise caution. The Court of Appeal will give judgment in coming weeks over a £265,000...

WHERE THERE'S A WILL THERE'S A WAR

Andrew Morley
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Your last will may not be the last word if someone decides to challenge this. Nothing is certain but death and taxes, so the proverb goes. And in death is the final chance to determine how your hard earned money is distributed. This is done by a will and in...

Just hold your horses... Pre Action steps in Professional Negligence Claims

David Rogerson
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Gone are the days when the first step in making a claim was to issue proceedings. “Just serve them with a Writ” was the mantra but now we are all encouraged to try and resolve matters before venturing through the Court’s doors. Indeed,...

Where does the responsibility lie when it comes to transactional losses?

David Rogerson
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Solicitors have hailed a Supreme Court decision in a professional negligence case as providing much needed clarity on their liability when they mistakenly give a client wrong information. In BPE Solicitors and Anor v Hughes-Holland (in substitution for...