February 2010 Archive

What is the legal status of a horse?

As with all matters legal, a horse's legal status depends on the circumstances. They can be defined as goods, agricultural animals, a conveyance or food depending on the circumstances in which the definition is being sought.

Adjudicators’ decisions and statutory demands

The courts will enforce adjudicator’s decisions unless the adjudicator lacked jurisdiction or there is a breach of the rules of natural justice. Once armed with a court order enforcing an adjudicator’s decision, there are a number of ways of seeking to enforce that order to obtain payment. In the case of MFP Foundations & Piling Ltd v Mr and Mrs Shaw, the court took the view that, although enforcement of adjudicators’ decisions generally operates on a “pay now, litigate later” approach, that did not override the principles set out in the Insolvency Rules.
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