disputeresolution

Sep

2023

Did European Works Councils Survive Brexit? 'Yes' Rules the Court of Appeal

Written by Emma-Louise Hewitt

Under European law, substantial undertakings operating within the EU are required to set up European Works Councils (EWCs) to facilitate employee consultation – but did EWCs previously established by UK companies survive Brexit? In an important...

Aug

2023

Adverse Possession – Couple Win Legal Title to Disputed Garden Plots

Written by Ian Sheppard

Even if you do not hold legal title to a plot of land, you may well be entitled to have it transferred into your name if you have been in adverse possession of it for over 10 years and you have reasonably believed throughout that it belongs to you....

Aug

2023

Aide-Mémoire - Contentious Probate - Estoppel

Written by Mitra Mann

Does an agreement or a promise need to be in writing to make it valid? Can a verbal promise be enforced? To avoid any misinterpretation, a promise made or an agreement reached should be recorded, preferably in writing. This gives everyone a good...

Apr

2023

Occupant of 'Floating Caravan' Granted Protection from Eviction

Written by Ian Sheppard

Those who, by agreement, live in caravans on protected sites enjoy some valuable statutory protections against eviction. In a case that raised novel issues, the Upper Tribunal (UT) extended that benefit to the occupier of a static caravan –...

Mar

2023

Leasing a Flat Above Commercial Premises? Make Sure You Read This

Written by Ian Sheppard

In a head-turning case, a flat tenant the value of whose home was reduced when the use of the commercial premises beneath him was changed from an estate agency to a bar and restaurant was awarded six-figure compensation. After planning permission...

Mar

2023

Senior Executive Leaving? Informal, Oral Agreements are a Recipe for Dispute

Written by Carina Jheeta

The circumstances where senior executives depart from companies where they have played a key role can be highly contentious. A High Court case provided a prime example of where a lack of legal formality fed the flames of dispute (Failbetter Games...

Mar

2023

Increase in Rainfall Looms Large in High Court Neighbours' Dispute

Written by Ian Sheppard

In a head-turning decision, the High Court has acknowledged that increased rainfall arising from environmental changes was one cause of excess seepage of water from a landowner's field into a neighbouring domestic garden. The garden owner sought an...

Jan

2023

High Court Gives Effect to French Marriage Contract in Big Money Divorce

Written by Gemma Whitchurch

When spouses each make valuable contributions to a long marriage, the general rule is that marital assets should be divided equally in the event of divorce. As an unusual High Court ruling concerning the validity of a French marriage contract showed...

Aug

2022

Riverside Boundary Dispute Focuses on Small-Scale Land Registry Plan

Written by Ian Sheppard

Boundaries between properties are usually marked by a line on a small-scale Land Registry plan but they may be invisible on the ground. Precisely that difficulty was the root cause of a bitter dispute between owners of two riverside homes. The...

Jul

2022

Challenging Arbitration Awards in Court is Always an Uphill Struggle

Written by Ian Sheppard

There would be little point in commercial arbitration awards if they were meant to be anything other than final. As one case showed, challenging them in court requires the negotiation of numerous hurdles and is always an uphill struggle. A German...

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disputeresolution

Did European Works Councils Survive Brexit? 'Yes' Rules the Court of Appeal

Adverse Possession – Couple Win Legal Title to Disputed Garden Plots

Aide-Mémoire - Contentious Probate - Estoppel

Occupant of 'Floating Caravan' Granted Protection from Eviction

Leasing a Flat Above Commercial Premises? Make Sure You Read This

Senior Executive Leaving? Informal, Oral Agreements are a Recipe for Dispute

Increase in Rainfall Looms Large in High Court Neighbours' Dispute

High Court Gives Effect to French Marriage Contract in Big Money Divorce

Riverside Boundary Dispute Focuses on Small-Scale Land Registry Plan

Challenging Arbitration Awards in Court is Always an Uphill Struggle

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