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Sorting a lease from a licence

A recent judgment given by the High Court earlier this year comes as a stark reminder of the difference between a lease and a licence with significant detriment to the landowner. This is not a new point of law, but is one that is becoming an increasingly pressing issue.

How to remove a Trustee

A trustee owes a duty of honesty, integrity, loyalty and good faith to the beneficiaries of the Trust.

Property, proprietary estoppel and partnerships

We all know how complicated farming partnership structures can become when family members, across different generations, are involved in a farming operation, and even more so when the interests of non-farming family members are factored into the equation.

Construction Conference 2023

Join us for Wright Hassall's upcoming Construction Conference where we will be joined by industry experts to discuss the challenges that could change the face of construction.

Contesting a will 2019 - case round up

2019 has seen an exciting year in contentious probate and we have seen some rare cases on unusual areas of law.

Agricultural landlord and tenant: recovering rental arrears

Renting farm land: Tenants of agricultural and rural land will almost always be obliged to pay a rent to their landlord for their occupation of the land. The obligation to pay rent will form one of the tenant’s overhead costs.

Secret trusts: creating a trust within a will

There is nothing unusual about creating a trust within a will. A common example of this is where a person wishes to place monies in trust until a child reaches suitable maturity to receive those funds.

Whose Terms and Conditions apply – if anyone’s?

Clients in the AME Sector will regularly be involved in the supply, or purchase of, components and will usually want their own terms and conditions to apply to that transaction. The recent case of Transformers & Rectifiers v Needs underlines that if you wish to rely on your standard terms and conditions, you must take sufficient steps to make sure that the other party is given reasonable notice of both your terms and conditions and your intention to rely on them.

Winning the "battle of the forms"

Suppliers and customers would ideally prefer to rely on their own respective standard conditions. But in order to be of any use at all, these have to be incorporated into the contract between seller and buyer.

A basic guide to professional negligence claims

To make a professional negligence claim you need to show that a professional’s work fell below the normal standard. But that is not all: a key component of any professional negligence claim is to show loss. Often we are asked whether claims are viable and sometimes they are not because, even if the solicitor, accountant, financial adviser or surveyor did a dreadful job, causing considerable distress or inconvenience, unless that poor work actually caused a loss, there is no claim.