Sellers beware: instructing multiple agents can lead to more than one commission payment
Seller liability to pay more than one commission (where multiple agents are instructed) is ambiguous and often leads to litigation, as demonstrated in the recent case between Glentree Estates Limited v Holbeton Limited (2011).
It is said that an Englishman is at liberty on his death to dispose of his property in whatever way he pleases. However, this is subject to the Inheritance (Provision for Family and Dependants) Act 1975 which allows for relatives and dependants to challenge a will if no (or inadequate) provision has been made for them under the will.
Your secret is safe with me...or is it? A brief guide to Norwich Pharmacal orders
In recent years there has been a proliferation of websites which allow individuals to comment freely and, in many cases, anonymously on all manner of issues. In recent weeks the use of such websites has come under much media scrutiny. Whilst many welcome the freedom of speech that the internet can offer, what happens when those comments go beyond what might be considered to be acceptable and stray into the realms of defamation and harassment?
We recently provided an update regarding the court’s interpretation of Part 36 of the Civil Procedure Rules in light of a number of cases. Since then the court has continued to provide guidance on various aspects of the rule.
A condition precedent clause is a condition which must be fulfilled before a specified liability can arise. Whilst condition precedent clauses often arise in construction and insurance contracts, they can also arise in standard commercial contracts – sometimes without a party realising that a particular clause is a condition precedent.
All decisions now handed down by Competition Appeal Tribunal in construction bid-rigging case
Following on from our previous article STOP PRESS – OFT FINES SLASHED! , the Competition Appeal Tribunal (“the Tribunal”) has now handed down all of the judgments in the appeals against the OFT’s decision regarding bid-rigging in the construction industry.
On Friday 11 March 2011, the Competition Appeal Tribunal (CAT) handed down judgment in six of the appeals against the fines imposed by the OFT in the Construction Bid Rigging cases. Although this leaves the results of nineteen of the appeals still to be handed down, the initial six decisions are great news for the construction industry.
Landlords struggling to find tenants for their empty properties have now been dealt a further blow, with the government’s recent announcement of a dramatic cut in the threshold for empty property rates relief.
Any decision as to whether it is financially justifiable to pursue or defend Court proceedings requires careful analysis of several factors. Two of the more important ones are the chances of winning, and the costs involved in getting to trial.