Understanding who you are contracting with may seem simple. However, particularly in the case where you are contracting with a company within a larger group the position may become more complicated.

What happens when a party obtains an adjudicator’s decision in its favour but it is in a company voluntary arrangement (a “CVA”)? Will the courts enforce the decision?

With the ending of subsidy regimes for solar generation, there has been renewed interest in subsidy-free, large scale solar sites. Because of their size, these sites often straddle boundaries between several different landowners.

The government consultation on dairy contracts completed earlier this year failed to take into account the problems faced by those dairy businesses that have gone out of business.

Section 91(14) of the Children Act 1989 allows the family court to make an order barring individuals from making further specified applications under the Children Act 1989 without permission of the court.

It is generally understood that the Party Wall Act 1996 (“the Act”) legitimises activities in relation to party walls which would otherwise be nuisance or trespass. But is the Act purely “permissive”, or does it have teeth?

Many contested wills feature valuable Estates, which include farms and / or land, and the combination of a high value Estate, and grounds to contest a will, is often sufficient to launch a claim. Add to the mix a will containing different terms to those anticipated and a proprietary estoppel claim from a disappointed beneficiary may well result.

The House of Lords case of Stack v Dowden (2007) concerned the declaration of beneficial interests in relation to a property which was jointly owned by a co-habiting couple. It was established that in the event that such a property had to be divided and there was no expressed declaration as to the respective beneficial interests, the starting point would be that where there was joint legal ownership, the parties intended there would also be joint beneficial ownership in equal shares. If either party wished to show that they were entitled to a different share, the onus would be upon them to provide compelling evidence to support a claim for higher shares.

There is no automatic right for a trustee in bankruptcy to receive occupational rent as it would depend upon the circumstances.

The use of liquidated damages as a sole remedy for contractor delay is a well-established mechanism in the construction industry.