Blog
Kingsley Napley’s Medical Negligence Team ‘walks together’ with the Dame Vera Lynn Children’s Charity
Sharon Burkill
4 February 2016
Legal update: Professionals beware of your duty of care when providing gratuitous services
Burgess v Lejonvarn [2016] EWHC 40 (TCC)
The High Court has provided another cautionary judgement to professionals of all disciplines. It ruled that a duty of care is owed in spite of no contract being in existence and no remuneration provided.
The Defendant, a professional architect and designer, was approached by her friends and former neighbours (the Claimants) to help landscape their garden. An initial quote from another landscape gardener had previously been provided in the region of £150,000 plus VAT which was deemed too expensive. The Claimants therefore engaged the Defendant to arrange a team of professionals and coordinate the work.
1 February 2016
Legal update: a warning about the consequences of inaction in litigation
Barbara Pipe v Spicerhaart Estate Agents Ltd [2016] EWHC 61 (QB)
This case concerns the Court’s refusal to grant an extension of time owing to a party’s conduct in an appeal. The Appellant, a former client of the Respondent estate agent, obtained permission to appeal following a county court judgment against her for unpaid fees.
9 December 2015
Marks and Spencer plc (“M&S”) v BNP Paribas revisited: the final say on apportionment of rent
On 2 December 2015 the Supreme Court comprised of Lord Neuberger, Lord Clarke, Lord Sumption, Lord Carnwarth and Lord Hodge unanimously dismissed M&S’s appeal.
7 December 2015
A director must exercise his/her powers only for a proper purpose
Many obligations are imposed on directors in exercising their duties. A recent decision of the Supreme Court provides that when exercising your powers as a director you must always consider the actual purpose for which you propose to exercise those powers and ensure that purpose is proper. It is not sufficient simply for directors to act honestly to promote the success of the company for the benefit of its members as a whole.
16 November 2015
Freezing orders: when loans become assets
On 21 October 2015, the Supreme Court handed down its decision in JSC BTA Bank v Mukhtar Ablyazov and Others [2015] UKSC 64. The judgment adds to the ever expanding volume of case law generated by this long running litigation, in this instance giving clarity to when loans become assets within the meaning of a freezing order.
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