Professional negligence

Settlements - babies and bath water

When settling a dispute it is usual for the defendant to seek the widest possible waiver of all claims that might be brought against them in the future. If the dispute is a genuine ‘one-off’, that might be thought acceptable, but if an unforeseen claim later arises you could be shut out from that claim due to the width of the waiver you signed when settling the earlier claim. Can it ever be sensible to settle beyond the identified dispute? The case below makes the point.

Rising Ground Rent in New Build Homes: Are solicitors to blame?

Over the last year there have been reports of newly built properties being effectively worth nothing after just six years due to excessive ground rent charges. A reported example was £101,000 paid for a flat in a new development but lenders then refusing to give mortgages to prospective buyers because a clause in the original leasehold agreement meant owners were liable to pay ground rent to the freeholder that would spiral to £8,000 a year.
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