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Kingsley v Kingsley: it’s not all about promises

We’ve reported in the past on proprietary estoppel cases where promises to a son or daughter (or other individual) that they would, in the fullness of time, inherit the farm ultimately proved to be empty. In Kingsley v Kingsley similar levels of anger were felt when a partner in a farming partnership died, leaving his interest to his widow who subsequently wanted to sell the farm that had been in the family for generations.

The Pitfalls of Inadequate Professional Advice

When faced with a legal problem we all want it resolved as soon as possible. Achieving this may depend on who we engage to help us. If professional advisors do not have sufficient and up to date knowledge of all the areas of law that influence a particular matter, one problem may evolve into several others.

Compliance with specification - is it enough?

It is often argued by contractors with a design responsibility that where they have complied with a prescribed specification set out in their contract, such that their design meets that specification.

Pre-Action Protocol for Debt Claims

The Ministry of Justice has published the Pre-Action Protocol for Debt Claims (the “Protocol”), which came into force on 1 October 2017.

Business life cycle: how to start a successful business

People start or buy, businesses for two main reasons: to do something they enjoy, and to make money. Most set off on their new journey full of optimism, seeing opportunities around every corner.

A guide to setting aside default judgment

A default judgment it is a judgment which has been obtained by a claimant by default because the defendant has failed to respond to the claim. The judgment is granted without the court considering any evidence or submissions from the defendant.

Forfeiture for rent arrears

We were instructed on behalf of a commercial landlord who was seeking to take back possession of its premises because the tenant was not paying rent. The tenant was in substantial arrears, but was continuing to carry on a restaurant business from the premises.

Navigating a TOLATA claim?

A TOLATA (Trusts of Land and Appointment of Trustees Act 1996) claim can be a complex process. The best method for avoiding a TOLATA claim is to prevent one arising in the first place by taking pre-emptive measures with any cohabitees. A written agreement between the parties can save a wealth of time and expense on protracted court proceedings.

Managing disrepair claims

As a landlord, you have obligations under S11 of the Housing Act 1987 to keep your property in good repair. In particular, you are responsible for:

Purchasing property with another member of the family

It is not unusual for property to be co-owned by family members within a farming family, regardless of whether or not those members are actively involved in the farming business.