A suitable sanction? An for the New Law Journal (NLJ)
In an article for the New Law Journal (the NLJ) Caroline Shea KC and Cecily Crampin discuss what happens when statutory provisions governing enforcement of a regulated mortgage contract are not observed: a recent Supreme Court decision may provide some welcome guidance.
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The incurable case of the misidentified tenant
Caroline Shea KC and Thomas Rothwell consider a decision of the Court of Appeal on incorrectly addressed notices.
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Well-being – from unmentionable to indispensable
A personal view, from Caroline Shea QC
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Witness actions – press on … or pause for breath?
On 20 March 2020 the Lord Chief Justice issued guidance on the future conduct of trials, including a statement that hearings, including trials and witness action, should take place whenever possible, even if that meant that one, several, or all of the participants attended remotely. “Final hearings and hearings with contested evidence very shortly will inevitably be conducted using technology. Otherwise, there will be no hearings and access to justice will become a mirage.”
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Valuation Challenges in Real Litigation
Some common features of typical disputes involving valuation
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Landlord’s development of retained parts
It is well recognised that occupying property under a leasehold interest carries inherent risks arising from the fact that other competing, and in some cases superior, interests might interfere with or jeopardise the enjoyment of the premises under such leasehold occupation. Where the leasehold interest is of part of a property or complex in multiple occupation, such risks typically arise from the occupation of the other parts of the property.
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A Lively Controversy
The role of detriment in the doctrine of proprietary estoppel
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The rise and rise of arbitration
An in-depth look at the changing face of litigation
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Parking Rights
Here to stay? Consent might be the surprising answer
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The Abolition of Distress
The new statutory regime of CRAR
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