Secret lenders
Article Abstract:
It is uncommon in the UK for a valuer to face negligence proceedings from a client. However, there are a number of legal issues relating to the valuer-client relationship, some of which are rather unclear. Courts have in particular had to address the fact that the lender by whom the valuer is instructed is not necessarily the source of the funds which are ultimately lent. In cases of this kind, the court must consider whether the valuer is entitled to claim that the duty of care, even if it has been breached, is not owed to the lender.
Publication Name: Estates Gazette
Subject: Real estate industry
ISSN: 0014-1240
Year: 1998
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Cost of contamination
Article Abstract:
The UK Court of Appeal has upheld the ruling of the judge in the case of Blue Circle Industries vs Ministry of Defence regarding liability for pollution caused by radioactive waste. The Court of Appeal ruled unanimously that the plaintiff's compensation should cover the consequential effects of the contamination of the whole of its estate. The majority of the judges believed that the defendant was liable for all the foreseeable consequences of its breach of the Nuclear Installations Act 1965.
Publication Name: Estates Gazette
Subject: Real estate industry
ISSN: 0014-1240
Year: 1998
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Time-limits and arbitrations: the new law
Article Abstract:
Many older rent view clauses contain strict time-limits, in particular clauses that require a landlord to serve a notice specifying a rent. Tenants then have a strict time-limit to displace it. Tenants may be able to show that the initial notice was invalid in some way. In some circumstances tenants can apply for an extension of time.
Publication Name: Estates Gazette
Subject: Real estate industry
ISSN: 0014-1240
Year: 1998
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