Telecoms firm must pay damages for delay in relocating phone mast
November 24th 2022A telecommunications infrastructure company has been ordered to pay damages to a property developer after it failed to relocate a mobile phone mast in the scheduled time. Stephanie Johnson Senior Associate Solicitor reports on this recent case. Barkby Real Estate Developments Ltd had a commercial site it planned to develop and sell on to the local authority. Part of the development included removing a mobile phone mast from the site. Barkby…
Court rejects ‘put up or shut up’ application in dispute over will
August 18th 2022The trustees of a man’s will have been told they cannot put a time limit on his daughter’s right to bring a claim against them unless they provided all the facts that determined how the estate should be divided. Stephanie Johnson Senior Associate Solicitor reports on this recent case. The case involved two siblings in dispute over the will of their late father. The deceased owned an estate worth around £3.5…
Insurance company wins £80m contract dispute with IBM
May 23rd 2022IBM has been ordered to pay an insurance company £80m following a contract dispute. Stephanie Johnson Senior Associate Solicitor in our dispute resolution team reports on this recent case. It had agreed to provide Soteria Insurance Ltd with an IT system over a 10-year period. After a series of delays, Soteria refused to pay a “milestone” invoice presented by IBM. Relying on the non-payment, IBM terminated the contract, and the IT system…
‘Unwanted’ son claims share of late father’s estate from niece
April 21st 2022The son of a car and property magnate has successfully sued his niece to gain a share of his late father’s estate and avoid becoming homeless. Stephanie Johnson Senior Associate Solicitor reports on this recent case. Colin Johnston was the son of Sidney Johnston, who died in 2017 leaving a £2.4 million estate to Colin’s niece, Lady Natalie Wackett. The father and son had fallen out in 1992 after a breakdown…
Man’s second wife fails to stop his son inheriting family home
February 10th 2022A man’s second wife has failed to prevent his son inheriting the family home after he died. Stephanie Johnson Senior Associate Solicitor reports on this recent case. The husband had married his first wife in 1988 and their son was born shortly afterwards. He worked overseas during the early 2000s, where he formed a relationship with a second woman who lived in the Philippines. He separated from his wife and the…
Covenant prevents couple building new house in their garden
October 28th 2021A couple have been prevented from building a new home in their garden because of a covenant dating back 60 years. Stephanie Johnson Senior Associate Solicitor reports on this recent case. Covenants are promises or conditions often inserted into title deeds that affect or limit how a property can be used. They are legally binding on whoever later buys the property unless overturned by a court. The couple in this case…
Damage to premises did not invalidate break clause in lease
September 27th 2021The Court of Appeal has ruled that a commercial tenant had correctly exercised a break clause in its lease despite having left the premises “dysfunctional and unoccupiable”. Stephanie Johnson Senior Associate Solicitor reports on this recent case The break clause provided that the tenant could terminate the lease if it gave “vacant possession of the Premises to the Landlord” on the relevant break date. The lease defined the “Premises” to…
Paying for Social Care: Big changes – but not yet…
September 23rd 2021The announcement of the Government’s plan for reforming social care is a big political news story. But the costs of paying for care – and getting the care you or your loved one needs – is a very human story which affects increasing numbers of us. Stephanie Johnson Senior Associate Solicitor and Head of our Health and Social Care Team provides an update … The plan reintroduces the 2011 proposal…
Landlord wins right to challenge Nero coffee chain CVA
July 5th 2021A landlord has won the legal right to challenge a company voluntary arrangement (CVA) proposed by the Nero coffee shop group. Stephanie Johnson Senior Associate Solicitor reports on this recent case. Nero, which has over 800 shops in the UK, was severely affected by the Covid-19 pandemic and had fallen into rent arrears at its shops. Mr Young was the landlord of one of the shops, the rent from which was…
Landlord entitled to unpaid rent despite tenant’s Covid defence
May 4th 2021A commercial landlord has won a dispute over unpaid rent of more than £166,000 despite the tenant citing Covid-19 as the reason for its failure to pay. Stephanie Johnson Senior Associate Solicitor reports on this recent case. The case involved Commerz Real Investmentgesellschaft MBH and TFS Stores Ltd. Commerz was the leasehold owner of the Westfield Shopping Centre. TFS was the tenant of one of the units in the centre…
