The Supreme Court has held that the insurer of a solicitor, whose negligence led to mirror wills being ineffective, should pay the costs of both parties to the action to have the wills rectified.
The Court of Appeal has held that an assignment clause in a lease that required, as a condition of the landlord’s consent, a guarantee from the outgoing tenant’s guarantor, should be interpreted as a simple qualified covenant against assignment.
The Commercial Court has allowed an application to set aside an order under CPR 23.11(2) (power to re-list an application made where the defendant fails to attend a hearing) but ordered the defendants to pay a sum into court under CPR 3.1(5) in light of their non-compliance with court orders.
HHJ Keyser QC in the Cardiff District Registry of the TCC has held that the architect was not in breach of his duty of care to his clients and was not professionally negligent. The claimants also failed to establish that they had suffered any loss as a result of the alleged breach.
A bank has been held liable for costs after it discontinued possession proceedings in respect of a mortgagor’s properties. Costs were awarded on the standard basis in accordance with CPR 38.6 and CPR 44.9. The court rejected the mortgagor’s application for the costs to be paid on the indemnity basis on the grounds that the proceedings had been an abuse of process.
The Court of Appeal has considered the extent of the power of the court (and registrar) to rectify the register under paragraph 8 of Schedule 4 to the Land Registry Act 2002 (LRA 2002).
The High Court has held that a landlord (as freehold owner) was liable to pay business rates for an empty property following disclaimer of the tenant’s lease.
The court has refused to make a costs order in circumstances in which all other matters had been disposed of by consent.
The Supreme Court has held that sewerage undertakers have an implied statutory right to discharge surface water and treated effluent from outfalls that were in existence before the coming into force of the Water Industry Act 1991 (WIA 1991).