March 2014 Archive

Personal injury trust

A personal injury trust is a way of allowing you to ring fence your compensation lawfully and legitimately. If you are looking to make a personal injury claim or you have received compensation in the last 12 months then it may be relevant to you.

Adjudication and company voluntary arrangements

Given the recent difficult financial climate, it is unsurprising that the issue of adjudication in the context of a company voluntary arrangement (“CVA”) has arisen before the courts. In the recent case of Westshield Limited-v-Whitehouse, the Technology and Construction Court had to consider whether the existence of a CVA prevented a company from pursuing its claim in adjudication.

Financially unstable parties and adjudication

The law on stays of execution of judgments given where the party seeking to enforce is in a weak financial position is continually developing. One of the latest of this type of case is Pioneer Cladding v Graham Construction in which the judge not only held that the clauses in the subcontract relating to payment of adjudicators’ fees/awards contravened the Construction Act but also that the paying party can be granted a stay if it can be shown that they were misled about the financial position of the other party.

Going shopping for experts?

The nature of construction disputes is that when they reach the courts, expert witness evidence is normally required from, for example, a quantity surveyor, architect or engineer. But what happens when one party, having received his expert report, finds that it is not to his liking – normally because it does not support his case? The result can be a process called “expert shopping” whereby a party looks around for a different expert, who he hopes will give him a more favourable report.

Court of Protection order to make lifetime gifts

An attorney or a Court of Protection deputy may want to apply to the Court of Protection to make a lifetime gift on behalf of a vulnerable person to reduce the value of the vulnerable person's estate for inheritance tax purposes. Only the Court of Protection can authorise a decision as important as making a lifetime gift on behalf of a vulnerable person who lacks capacity.

Claiming a right of way by prescription.

Easements are rights of way and are common features of land ownership. Often a land owner will have an easement for the benefit of services and utilities that run over their neighbour’s land. Easements are often granted by a deed or are described in some form of legal instrument. Those easements are referred to as “legal easements” because they have been expressly granted. Easements may also be acquired by long use by a method referred to as “prescription”.

The dangers of non-compliance

The recent decision in Andrew Mitchell’s case to heavily penalise a failure to meet a court deadline is expected to lead to a rise in professional negligence claims against lawyers. The decision in Mitchell v News Group Newspapers Ltd 2013 sent a loud and clear message to the legal profession that court directions must be complied with promptly.
1 2
Filter by expertise