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LATEST NEWS

Landowners' Duties and Highway Visibility – Court of Appeal Test Case

24th August, 2018 By Arman Khosravi

If landowners allow vegetation to grow so that it affects visibility on adjacent highways, should they be held liable if accidents occur? In a decision that broke new legal ground, the Court of Appeal has answered that question with a resounding 'no'. The case concerned an accident in which a cyclist who was riding on a trunk road collided with a car that had emerged from a minor road. The badly injured cyclist's damages claim against the driver has yet to be tried, but the driver's insurers launched pre-emptive contribution...

Farmer Acts to Protect Family Promise

21st August, 2018 By Arman Khosravi

Farming families appear regularly in the courts these days, as more and more cases arise that feature undocumented promises that have been made (or are alleged to have been made) by parents but not kept. The law will only enforce such informal arrangements when it can be shown that someone acted to their own detriment in a way they would not have done had the promise not been made. This is called 'promissory estoppel' in legal terminology. Such claims can be very difficult to substantiate. In the latest such case, the...

Tenants Must Bear Cost of Safety Improvements

15th August, 2018 By Arman Khosravi

Following the Grenfell disaster in 2017, cladding has come under close scrutiny with surveys being carried out as a priority in buildings across the UK. The failure to comply with Building Regulations (Part L1A 2010), which provides a framework for ensuring that no overheating issues are created as a result of works undertaken, is clearly quite widespread and the need for remedial action in such cases is clear. However, the question that has arisen with regard to the rectification of such defects is whose responsibility it is to meet the...

Possible Separation From Mother Intolerable, Rules Court

13th August, 2018 By Arman Khosravi

Relationships that start on the Internet are already leading to some interesting situations. A recent family case involved a British woman who had met a Pakistani man online and married him in the USA, where the couple had two children. Her husband had been taken to the USA as a child, and is strictly an illegal immigrant, although he does not face deportation because as a child immigrant he has 'deferred action' status. However, were he to leave the USA, his readmission would be unlikely. His wife had irregularities associated...