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.
A trustee owes a duty of honesty, integrity, loyalty and good faith to the beneficiaries of the Trust.
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.
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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.
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.
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.
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.
In Hughmans Solicitors v Central Stream Services Ltd, the parties both argued they were entitled to property sale proceeds, but who took priority? Hughmans acted for a Mr Davidson in a claim brought against him by Central Stream Services Ltd.
Following the Judgment of Ilott v Mitson & Others handed down on 15 March 2017, this has given rise to a number of legal questions for the profession and has caused those who may have a claim pursuant to the Inheritance (Provision for Family and Dependants) Act 1975, to ask “what does this mean for me?”