Solicitors Blog | Allan Janes

Covenants over Land: Case Law Up-Date Part 4 Failure to Plan, or Planning to Fail?

May 22nd 2023 | dispute resolution

The case of Sutton v Baines and others concerns an application to discharge a covenant which prevented a second house being built on the land. The application land was a large side garden next to a residential house at 39 Muswell Road in Mackworth, Derby. This is part of a read more...

HOT OFF THE PRESS: Attendance at trials and CPR 27

May 2nd 2023 | dispute resolution

Does a Claimant who is not at a hearing, but is represented, “attend” that hearing or not? The Court of Appeal handed down judgment in Owen v Black Horse Limited on 24 March 2023. This is an important case for its impact on attending trials, as it answers the above read more...

Negligence In Will Writing

April 24th 2023 | dispute resolution

A will is probably one of the most important documents you will prepare in your lifetime. Your will allows you to dictate what happens to your estate after you die and will often also dictate your funeral wishes. It is therefore important that a will reflects your wishes and is read more...

Covenants over Land: Case Law Round-Up: Part 3: Is there a Building Scheme? – A lawyer’s term of art in covenant cases

April 11th 2023 | dispute resolution

The case of Livett v Hennings and others provides helpful discussion about building schemes and how to spot one. This article is part of a series of Blogs where I attempt to summarise the latest decisions from the Upper Tribunal Land Chamber – the specialist court for applications to modify read more...

My Partner has Died, Can I Stay in the House?

March 31st 2023 | dispute resolution

If your partner has passed away, you may find yourself wondering what will happen to your living situation. The answer really depends on a number of factors, including if the house was owned, by whom, and how. This blog considers some scenarios relating to owned property (not rented) and assumes read more...

Covenants over Land: Case Law Round-Up: Part 2: Modification Of Covenants To Enable OFSTED Registered Childminding Business

March 20th 2023 | dispute resolution

In the case of Johnson the Applicants wanted to modify a covenant which prohibited trade or business contained within covenants dating back to 1937, and a further conveyance from 1965 that the property only be used for the purpose of a private dwelling house only. This is the second in read more...

Restrictive Covenant Case Law Round Up: Part 1: Falling At The Last Hurdle: Discretion Of The Tribunal

January 30th 2023 | dispute resolution

Welcome to the first in a series of Blogs where we attempt to summarise the latest decisions from the Upper Tribunal Land Chamber – the specialist court for applications to modify covenants affecting land under s84 Law of Property Act 1925 (the Act). For an introduction to Restrictive Covenants affecting read more...

How To Enforce A Judgment

December 20th 2022 | dispute resolution

If you’ve ever been a party to litigation, you may well know that trial often isn’t the end of the matter. Say you have a debt claim where you have claimed £100,000 against the judgment debtor. You have a trial, and the judge agrees that you are owed the money read more...

How Do I Address A Judge?

December 9th 2022 | dispute resolution

When engaging in court proceedings, there are a number of different rules and protocols that must be followed. In particular, it is important that you address the Judge correctly when speaking in court as you always want to try and keep them on your side. The Lord Chief Justice and read more...

What is a Part 36 Offer?

December 6th 2022 | dispute resolution

There are various methods a party can use to attempt to resolve a dispute, if previous negotiations have not resulted in a settlement, a party may consider making a Part 36 offer. A Part 36 offer can be made at any time and can be made by either party, i.e. read more...

Who Is Liable In Business Email Fraud Cases?

December 2nd 2022 | dispute resolution

Email hacking or to give it its proper name business email compromise (‘BEC’), is unfortunately relatively common. The most common scenario is one of a phishing attack where criminals hack a business’s email, and contact their customers or suppliers pretending to be that business and asking them to make payments read more...

Can I Rent My Property Out On Short Let? 'Single Private Dwelling' and Other Covenants

November 14th 2022 | dispute resolution

A growing part of the population now earn extra income from letting all or part of their home out using various apps and web platforms. However, some properties, even if you’ve bought them, are still subject to covenants made and given by previous owners. One example of this is that read more...

Whoops! My Property Professional Made a Mistake

October 3rd 2022 | dispute resolution

Whether you are buying your own home, doing a renovation, a property developer or commercial landlord, or at some stage you are likely to use a property professional. This includes architects, surveyors, conveyancing solicitors, planners, agents, valuers, and many more. But what happens if a professional makes a mistake, causing read more...

Recovering Company Assets

July 15th 2022 | dispute resolution

How do company assets become bona vacantia? When a company is dissolved, any property that it beneficially owns immediately before dissolution is passed to the crown and is then known as bona vacantia, which literally means “ownerless goods”. The main ways in which property becomes bona vacantia are as follows: read more...

The Incredible Witness, And The Importance Of Documents In Litigation

July 5th 2022 | dispute resolution

I expect everyone likes to believe that if they give a witness statement, sign a statement of truth verifying its contents, and then give evidence on oath at a trial, they will be believed. But if one takes a look at how Courts approach witness evidence, there are important lessons read more...

Put Up Or Shut Up: Dealing With Potential Will Validity Claims

June 9th 2022 | dispute resolution

The position for an executor where a person disputes the validity of a Will is extremely difficult. The job of the executor is to distribute the estate in accordance with the Will and in a reasonable timeframe, however if it is invalid, the estate may need to be distributed differently read more...

What is TOLATA and how can it help me?

June 7th 2022 | dispute resolution

Right, first let’s get legal terminology out of the way: TOLATA or TLATA is an abbreviation of the Trusts of Land and Appointment of Trustees Act 1996. But what is TOLATA, and how can it help me? The Land Registration Act 1925 (LRA 1925) introduced a scheme of land registration read more...

Return To Sender: Why Ignoring Court Proceedings Doesn’t Work

April 14th 2022 | dispute resolution

Any fan of Harry Potter will already be aware that ignoring letters and hoping the problem will go away doesn’t work, and will only lead to a nights’ stay in a damp cabin in the middle of the sea, and a half-giant smashing down your front door. Well, maybe not read more...

A DIY Guide to Litigation

February 10th 2022 | dispute resolution

Whatever you think of lawyers, we do have a purpose and can guide you through the pitfalls of the facts, law, procedure and strategy to, hopefully, a good outcome when you have a dispute. But the fact of the matter is that many people simply cannot afford solicitors and barristers read more...

Access Denied: When Can a Company Refuse Access to Accounting Records to a Director?

January 21st 2022 | dispute resolution

When can a company refuse access to accounting records to a director? The right of a director to inspect a company’s accounting records is an issue which commonly arises. My colleague Iwan Emmanuel’s article ‘What Rights Do Directors Have To Access Company Information?’ can be found here , and is read more...

An Idiot’s Guide to Part 36

November 22nd 2021 | dispute resolution

If there is one thorny issue which pervades all of civil litigation, it is this: the recovery of legal costs. Other than in multi-£billion litigation, the subject of legal costs - who pays them and how much - is something that needs to be properly considered before and during the read more...

Employee, Director, Shareholder: What’s The Difference?

October 11th 2021 | dispute resolution

In many businesses, especially small owner-managed or family business, the roles of employees, directors and shareholders are often unclear, as are the rights and responsibilities of each. Directors Directors are responsible for running the business on a day to day basis and most decisions about general management (including spending money, read more...

5 Things they do not teach you at Law School

September 22nd 2021 | dispute resolution

If you’re an aspiring lawyer or simply wonder what the difference between studying the law and practice, I’ve compiled a list of things that only working in the real world of law can prepare you for! Here are 5 things that I have learnt on the job or in the read more...

How Do I Change Someone’s Will After Their Death? What is the Court Process?

July 28th 2021 | dispute resolution

How do I change a Will? It is possible to change your inheritance under a person’s Will within two years of their death. You may wish to do this for a number of reasons, such as to reduce inheritance tax or to pass your inheritance on to a charity or read more...

Sexual Orientation Discrimination: Do you have a Claim?

June 22nd 2021 | dispute resolution

If you have been treated unfairly because of your sexual orientation, you may be able to file a discrimination claim in the civil courts or the employment tribunal. What is sexual orientation discrimination? Sexual orientation is defined by the law as an individual’s sexual attraction towards persons of the same read more...

Overcoming Barriers to Remedies for Domestic Abuse, Stalking and Harassment faced by LGBT People

June 3rd 2021 | dispute resolution

In 2014 a report commissioned by the Welsh Government found that, whilst there are universal barriers to accessing services for domestic abuse, stalking and harassment, a review of the existing evidence demonstrated that LGBT people faced specific barriers. Whilst this article does not seek to summarise the research and evidence, it read more...

What Happens with Costs in Applications to Modify or Discharge Restrictive Covenants? - Part 2: Unreasonable Conduct

June 1st 2021 | dispute resolution

In Part 1 of this blog series on costs in applications to modify or discharge restrictive covenants (which you can find here ) , I covered the general principles for costs and how they differ from the ‘usual rule’ in normal civil claims in the County Court and High Court. read more...

What Happens with Costs in Applications to Modify or Discharge Restrictive Covenants? - Part 1: The Principles

May 24th 2021 | dispute resolution

In most cases in the County Court or High Court the general rule is that the loser of a claim or application pays the winner's costs, subject to certain procedural rules (Part 36) and the parties’ conduct. But what about the costs of bringing (or defending) an application in the read more...

How Can Residents Protect their Local Area from Development?

May 20th 2021 | dispute resolution

One way to protect an area of land from development is to register it as a town or village green, if you can meet certain criteria. Land that has been given ‘green’ status is protected from development and local residents are given the right to use it for recreational purposes. read more...

Allan Janes Secures Apology, Retraction and Damages in Defamation Dispute with Major UK Bank

May 14th 2021 | dispute resolution

The Dispute Resolution team led by Toby Walker at Allan Janes LLP, has secured a settlement for a business client against a major UK bank. An employee of the bank had, on the bank’s letterhead, sent communications to third parties and in which they cast aspersions on our clients’ ability read more...

Understanding Joint Ventures: A Guide to Structuring and Enforcing Your New Business Venture

April 14th 2021 | dispute resolution

What is a joint venture? A joint venture is generally referred to as a business arrangement between two or more parties that have come together to pursue a common business goal. It can be a great way of combining business strengths, pooling resources and sharing responsibility for the associated profits, read more...

5 Reasons You Should Consider Online Dispute Resolution (ODR)

October 22nd 2020 | dispute resolution

Everyone that knows me also knows that I am a huge fan of mediation as one of the Alternative Dispute Resolution methods. Being both a people and "outdoorsy" person, I believe mediation provides a great context to see and hear what the issues are and set about resolving them through read more...

Inheritance Act Claims: Good News on the Price of Success

July 1st 2020 | dispute resolution

A recent High Court case has opened the door to Claimants in Inheritance Act claims recovering the additional ‘success fees’, where these were previously non-recoverable in most litigation since 2013. Those wishing to contest the probate of an estate, or to claim financial provision under the Inheritance Act 1975 (the read more...

“Please Sir, Can I Have Some More?” Just One More House - Restrictive Covenants Update

May 22nd 2020 | dispute resolution

In the recent case of Pethick the Upper Tribunal of the Lands Chamber modified a restrictive covenant to allow the building of a further property on land which was subject to a covenant limiting the number to just one house. The Applicants sought to discharge at a restrictive covenant relying read more...

Locked Out in Lockdown? A Commercial Tenant's Guide To Interim Injunctions

April 24th 2020 | dispute resolution

Our Managing Partner recently found himself accidentally locked out of both his home and the office. This tickled me given the rest of us are in lockdown, and gave me the idea for the title of this article. If you are a tenant of commercial premises, and if your landlord read more...

Cancelled Coronations and Coronavirus: Is My Contract Frustrated?

March 30th 2020 | dispute resolution

As a law student I remember learning about frustration of the purpose of a contract in what became known as the "Coronation cases", which arose from events surrounding the Coronation of King Edward VII and Queen Alexandra in 1902. A man hired a room with a view of the street read more...

Unlocking Restrictive Covenants

February 10th 2020 | dispute resolution

Whether you are a homeowner with the benefit of a covenant, want to do a deal for the release of a covenant, or want to challenge a covenant to permit a change of development of land, our property dispute specialists at Allan Janes can help. What are Restrictive covenants? Restrictive read more...

Trusts Affecting Property: Who Owns What?

January 22nd 2020 | dispute resolution

One might be forgiven for thinking that the owner of property is the person named on the deeds or named as proprietor at the Land Registry. There are however a number of ways in which it is possible to establish a beneficial ownership of property. Beneficial ownership is a right read more...

Toby Walker Published in The New Law Journal (The Courts Approach to Costs on Discontinuance)

November 20th 2019 | dispute resolution

I am really pleased to announce that, together with my co-author Winston Jacob, we have recently been published in the New Law Journal. The article covers the Courts' approach to the issue of costs when a claim is discountinued. Please click here for the full article. read more...

Litigation Privilege: The Dangers of Discussing Litigation in Emails

October 22nd 2019 | dispute resolution

We have discussed before in a previous blog post the difficulties in maintaining privilege in documents produced for employment cases within a company. However, there is similar difficulties in maintaining litigation privilege in commercial disputes. But what is privilege? In order to understand privilege, you need to understand the process read more...

Builders, Payments and Building Contracts: Get it Right First Time or Pay the Consequences

July 4th 2019 | dispute resolution

The importance of following the right procedures in the management of payments under a building contract has again been underlined by a recent Court decision. It involved a contractor who applied for payment for building works carried out. The employer disputed the value of the work for which payment was read more...

Do Solicitors Have a Duty to Point Out an Opponent's Mistake?

June 25th 2019 | dispute resolution

In civil litigation, the solicitor’s main duty is to their client and to the court, but to what extent do they have a duty of care to the opposing party? In June 2019, the Supreme Court ruled on the case of Woodward & Another v Phoenix Healthcare Distribution Ltd. In read more...

Commercial Lease Renewal and Terminations under the 1954 Landlord & Tenant Act

May 2nd 2019 | dispute resolution

Richard Harriman, a Partner in our Litigation Department who deals with residential and commercial property disputes writes: “Does a tenant of business premises have security of tenure? The answer depends upon the Landlord and Tenant Act 1954 (“The 1954 Act”). There are two elements to the security provided:- Automatic continuation read more...

Can a Contract Be Varied Orally?

March 26th 2019 | dispute resolution

Not if the contract contains a "no oral variation" clause! In the recent case of Rock Advertising Ltd v. MWB Business Exchange Centres Limited, the House of Lords agreed that a contractual licence for a rented office between the parties, which stated that any variations must be signed and in read more...

Rights of Forfeiture and The Importance of Reading Leases Carefully

February 27th 2019 | dispute resolution

The recent case of Andrew Toms v Marilyn Ruberry is an interesting one; it illustrates why you should give careful consideration to the contents of the forfeiture provisions of a lease before taking enforcement action. This case shows the importance of interpreting the right of re-entry and forfeiture clause in read more...

Consideration For Restrictive Covenants

September 24th 2018 | dispute resolution

Many people might be aware of the basic contractual principles, including the rule that you must provide consideration for a contract to be enforceable, however when contracting to restrict a person’s right to work (such as including restrictive covenants in a contract of employment), the situation becomes more complex. What read more...

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