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Those who dishonestly procure goods in the knowledge that they lack the funds to pay for them are guilty of deceit and at risk of being ordered to pay damages. The principle was underlined by a case involving a commodities trading company that went bust leaving a seven-figure bill for a consignment of sunflower oil unpaid. Continue reading →
When the owner of a property that had been designated as a house in multiple occupation (HMO) by his local council in 2001 chose to challenge that ruling some 15 years later, the council refused to review the decision. The property owner claimed to have had no knowledge of the decision when it was made, which was disputed by the council. Continue reading →
The Corporate Manslaughter and Corporate Homicide Act 2007 established a new statutory offence of corporate manslaughter (corporate culpable homicide in Scotland). Continue reading →
Local authorities are obliged to maximise the income generated from exploitation of their property and other assets. The High Court made that point in rejecting claims that a council acted unlawfully in renting out two hi-tech advertising towers to the highest bidder. Continue reading →
Employers can be found vicariously liable for the actions of their staff when these occur in the course of their employment, which can include during an office function, but what is the position when one employee suffers injury at the hands of another at an impromptu get-together some hours after a planned works event has finished? The High Court had found that a recruitment company was not liable for serious injuries inflicted by one member of staff on another in such circumstances, but that decision has now been overturned by the Court of Appeal (Bellman v Northampton Recruitment Limited). Continue reading →
The perils of contracting with undercapitalised limited companies, with no guarantees from directors or others associated with them, were starkly revealed by a High Court case concerning the £5 million refurbishment of a manor house. Continue reading →
In a workplace context, an employer can be found liable for the acts or omissions of its employees, provided it can be shown that they took place in the course of their employment – i.e. where there is sufficient connection between the employee’s position and the wrongful conduct to make it right for the employer to be held responsible. Continue reading →
With skyscrapers in big cities reaching ever more impressive heights, rights to light have become an increasing source of controversy. That was certainly so in a High Court case in which an office block tenant feared its windows would be starved of sunlight by plans to increase the height of an adjoining building. Continue reading →
In a decision that will be essential reading for property professionals, the High Court has ruled that landlords who invoke the statutory commercial rent arrears recovery (CRAR) regime may thereby waive any right they have to forfeit leases. Continue reading →
There are estimated to be more than 40 million people who are victims of ‘modern slavery’ at any given time. A quarter of them are children, and the number of victims in the UK was estimated to be between 10,000 and 13,000 in 2013, although the National Crime Agency has found this to be only the ‘tip of the iceberg’, with the true figure being substantially higher. Continue reading →
