Dispute Resolution Blog
Fearn –v- Tate Modern judgment: Supreme Court confirms ‘visual intrusion’ constitutes a private nuisance
Wednesday 1st February 2023
The Supreme Court has today extended the law by confirming that overlooking or ‘visual intrusion’ can give rise to a cause of action in private nuisance.
Private nuisance is where an owner (or their visitors, agents, contractors, etc.) behaves on or uses their own land in a way that causes harm to a neighbouring owner’s land, or their use and enjoyment of it.
Tuesday 8th November 2022
Being entrusted with distributing an estate and attending to the last wishes of a loved one is a serious matter and the majority of people carry out their role with the respect and due care that it demands. Personal representatives who don’t take their duties and role seriously, however, could find themselves wound up in prison; as Mark Totton recently discovered in the case of Totton...
Friday 5th August 2022
If you are going to dispute a Will, or defend an allegation of a Will being invalid, you need information about the circumstances around the preparation of the Will, or Wills, in question so that you can decide the basis for your challenge or defence of the Will. In almost every case, this is going to involve a Larke v Nugus letter.
The Law Society updated its practice note: Disputed wills:...
The new arbitration scheme for commercial lease arrears - the Commercial Rent (Coronavirus) Act 2022
Tuesday 3rd May 2022
Significant restrictions which applied to landlords’ ability to recover commercial rent arrears from tenants have now come to an end. The previous measures, which had been in place since the start of the pandemic, have been largely replaced by new restrictions introduced in the Commercial Rent (Coronavirus) Act 2022 (“the Act”). However, it is important to note that the Act...
Wednesday 5th January 2022
We have written previously about various measures introduced by the government to assist businesses and their owners during the pandemic. Most of those have been in place since the beginning of lockdown in March 2020, but after multiple extensions over the last 18 months, a significant number have since come to an end. In some areas, the government is introducing targeted short term measures...
Tuesday 6th July 2021
On 16 June 2021, the government announced further extensions to the ban of forfeiture, winding up and Commercial Rent Arrears Recovery (CRAR), in respect of commercial property. Those measures are likely to leave many landlords feeling frustrated, but the government emphasises the need to negotiate fair agreements with commercial tenants.
The Coronavirus Act 2020 ‘CVA 20’, which...
Monday 15th March 2021
Following the recent UK release of the documentary, “Framing Britney Spears”, the case of the court-ordered conservatorship of the singer Britney Spears has been in the headlines.
This article looks at US conservatorship and the English equivalent, Deputyship. Both appointments grant power to an individual to act on another individual’s behalf when they do not have the...
Wednesday 24th February 2021
On 15 January 2021, the Supreme Court handed down judgment in the appeal case Financial Conduct Authority (FCA) v Arch Insurance (UK) Ltd and others , substantially allowing the FCA’s appeal in ruling that the insurance companies should pay out on the relevant coronavirus business interruption claims, altogether worth an estimated £1.2 billion.
This decision is positive news...
Tuesday 22nd December 2020
We published an article on 22 May 2020, detailing the effect of the Corporate Insolvency and Governance Bill which was designed to provide greater protection for businesses during the pandemic.
The Bill came into force on 26 June 2020 and became the Corporate Insolvency and Governance Act 2020. We described the central aspects of the Act in our earlier article which can be summarised as...
Monday 30th November 2020
As a result of the COVID-19 pandemic, the government brought in restrictions to try to slow the spread of the virus, which included the mandatory closure of many businesses, including much of the hospitality industry.
Given the financial losses caused by such closures, many businesses sought to claim from their business interruption insurance. However, many insurers took the stance that these...
Thursday 9th July 2020
We are delighted to announce that we have received recognition in the newly published 2020 edition of Chambers High Net Worth (HNW) Guide. Our Private Wealth Law and Private Wealth Disputes teams, and three lawyers within the firm have received recommendations for expertise in their field:
COMMENTARY FROM THE...
Wednesday 24th June 2020
The Government has officially announced that the temporary suspension on most possession proceedings introduced earlier this year will be extended up to at least 23 August 2020.
This comes shortly after the case of Marshall (Arkin) v Marshall & Another, where the Court of Appeal confirmed the suspension on proceedings was lawful. The Court also concluded that, although judges retain the...
Tuesday 21st April 2020
As the government restrictions on business operation and social interaction get renewed for a further period of at least three weeks, with many experts warning it may last significantly longer, we consider whether COVID-19 is likely to engage the legal concepts of ‘frustration’ and ‘supervening illegality’ in the context of property contracts in England and Wales.
Wednesday 8th April 2020
In early 2015, an elderly man who thought he was having a heart attack whilst in a McDonald’s restaurant in Canada scribbled down on a thin, brown napkin that his estate should be split evenly between his seven living children, who he then listed.
It turned out the elderly man was not having a heart attack, but he died seven months later in December 2015, having made no further Will....
Monday 6th April 2020
In Barnaby v Johnson  EWHC 3344 (Ch), the defendant challenged her mother’s Will on four different grounds. This is a risky strategy for success, especially if you are lacking in evidence…
Mrs Bascoe died in 2015. She had four children. Her surviving son is the Claimant, Mr Barnaby. Her surviving daughter is Mrs Johnson, the Defendant.
Mrs Bascoe left a Will dated 27 April...
Friday 27th March 2020
Following the outbreak of COVID-19, the majority of business premises, including registered offices, are now closed and a large proportion of employees are working from home. This raises two obvious questions; what if I wish to serve a document on a third party? And, what if a document is sent to a vacant office?
These questions can be relevant in a number of contexts; most obviously court...
Friday 27th March 2020
In light of the dramatic events of the last few weeks, many companies will find themselves in a position where they are no longer able to perform contracts or alternatively have counterparties claiming they are in that position. If you find yourself on either side of that situation you should check your contract for the existence of a force majeure clause.
What is a force majeure clause?
Friday 27th March 2020
Nearly all commercial leases include “forfeiture” provisions that allow a landlord to take possession of the property back from the tenant, and terminate the lease, following a breach. In most cases, this involves a landlord “changing the locks”.
Governmental advice that all non-essential business must shut will undoubtedly have an impact on cash flow across the economy...
Friday 20th March 2020
The government have announced that they are set to bring in emergency legislation to protect private tenants from eviction. It is said that the legislation will:
Suspend new evictions from social or private rented accommodation during this national emergency;
Ban any new possession proceedings (applications to evict tenants via the court); and
Put in place measures to provide landlords...
Monday 14th October 2019
As a contentious trust and probate practitioner I have come to understand how emotive the whole issue of inheritance is. Should your parents leave their worldly wealth to you? What provision should you make for your second time spouse in preference to the children of your first marriage? Should you treat your children equally? Should you prefer charities or close friends over family?
Wednesday 24th April 2019
At its best, “leasehold” property is a simple concept – it refers to a long lease of land (residential or commercial) which ends at some future point, when the property will return to the landlord. However, the complexities of leasehold ownership and the surrounding law are rarely straightforward. There has been much in the national press over the course of many months...
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