Catherine Piercy has recently obtained a final injunction in relation to a party wall dispute between Peabody Trust and the owners of a neighbouring property, the Brechers, who had carried out substantial excavation works at their property which caused damage to her client’s property.
While the courts now readily accept that a right to park can be an easement, Lina Mattsson says that the law of easements does require clarification and simplification.
Ryan Hocking discusses the case of Barclays Bank Plc v TBS & V Ltd.
By an amended JCT Design and Build contract (2011 edition) made between Kersfield Developments (‘Kersfield’) and Bray and Slaughter (‘Bray’), Bray agreed to refurbish a mansion house and construct a series of detached houses in North Somerset. The parties agreed a contract sum of just under £5 million. Michael Levenstein provides a summary.
A case reported on Lawtel recently concerned a little known provision contained in CPR 34. This deals with the situation where evidence is to be taken from a witness in a different jurisdiction. This provision is potentially of use to parties who wish to obtain evidence from a witness in another country or where a witness in England is requested to give evidence in a foreign case.
This was an application for specific disclosure made by GEM Environmental Building Services Ltd (“GEM”) from the defendant local authority (“Tower Hamlets”) that raised issues concerning the approach to early disclosure in procurement cases as set out in Roche Diagnostics Ltd v The Mid-Yorkshire Hospitals NHS Trust.