Is justice going down the drain?
Article Abstract:
Changes to the UK legal aid system will have implications for legal cases concerning environmental pollution. It has been suggested the use of expert witnesses should be reduced to cut costs. The loser in a legal case often has to pay both sets of costs but the new recommendations may allow the court to charge the side with the most funds to pay all costs. The threat of two sets of legal costs often deters individuals from starting cases against large firms. The US system of lawyers receiving a share of damages rather than being paid by their clients is also being considered.
Publication Name: Estates Gazette
Subject: Real estate industry
ISSN: 0014-1240
Year: 1998
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The great deceivers
Article Abstract:
Misrepresentation or fraud in English law is defined as being caused by either negligence or by deception. An accusation of fraud will not stand up in court if the victim would have experienced a loss anyway. A legal case found that a property valuer was not negligent when the market declined and the value of a property fell even though the initial valuation was incorrect. In a second case a local council was found to have committed fraud by not giving a developer full information. Neither of the cases were considered to be a criminal offence.
Publication Name: Estates Gazette
Subject: Real estate industry
ISSN: 0014-1240
Year: 1997
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Have you ever been reckless?
Article Abstract:
The UK legislative system distinguishes between negligence, fraud and recklessness. Recklessness occurs when a person realises the consequences of his action before he carried the out the deed and negligence is due to the failure to use reasonable care. In a court case in 1997 the Welwyn Hatfield District Council were accused of negligence and were fined because the council failed to inform Slough Estates of a secret agreement which would affect their plans. Fraud occurs when a false statement is given in the knowledge that it is untrue.
Publication Name: Estates Gazette
Subject: Real estate industry
ISSN: 0014-1240
Year: 1997
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