Insights: Legal Updates - February 2018

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Reasonable Care v. Fitness for Purpose

Sasha Pirbhai |

At first glance, one may assume that a case concerning offshore windfarms would be of little interest to developers outside the energy sector.  However, the outcome of the recent MT Højgaard v E.ON case has a wider impact when considering design obligations under a building contract. A key issue in the case (upon which responsibility for a […]


Lessons from Carillion: directors’ duties and practical tips

Bree Taylor |

With the Commons Select Committee inquiry into Carillion in full swing, the press reports feature sensational allegations levelled at the directors and former directors. The FCA is looking into the market announcements that were made pre-liquidation, one shareholder is calling for an investigation into management and the Chair of the Work and Pensions Committee has described […]


Attorneys and gifts

Helena Luckhurst |

The Public Guardian’s new ‘Practice Note PN7: giving gifts’ is a must-read for any attorney appointed under an Enduring or Lasting Power of Attorney, or deputy, faced with the thorny issue of whether they can use the incapable donor’s funds in a transaction which is not for value – such as a payment by way […]


Restrictive covenants; do they mean I can’t redevelop my property?

Nick Wood |

Introduction Developers often identify land that looks good for development on the face of it, only to discover that there are restrictive covenants preventing the land from being developed or used in the way they would like. This can be incredibly frustrating; especially where the restrictive covenants are historic and the interests they seek to […]


Limitation periods and standstill agreements: How can they impact your claims?

Digby Hebbard |

What do contractors need to be aware of when considering limitation periods, and how can it affect the claims they make? Claims arising from construction projects often require consideration of the law of limitation. Limitation periods are statutorily prescribed windows within which claimants must commence claims. These periods do not, however, sit naturally against the nature […]


Block-insurance-buster

Madeleine Holding |

Block insurance policies are a very common way of insuring multiple properties. Landlords can benefit from economies of scale and may find the administration easier with only one renewal date and uniform terms. However, earlier this year the Upper Tribunal held that one landlord could not recover its block policy premia, despite being permitted to […]


Out of time Inheritance Act claims: lessons from the Sargeant case

Helena Luckhurst |

Mrs Mary Sargeant’s case is a classic example of why advisers of bereaved widow(er)s are ideally placed to help their clients consider whether sufficient provision has been made for them under their deceased spouse’s Will.  The problem, as Mrs Sargeant found out, is that this is sometimes not obvious even a number of months after […]