August 2012 Archive

No loss caused by negligent valuation where loss caused by fraud

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In the widely reported case of Platform Funding v Anderson Associates [1], a valuer was found not to have been negligent in a "no transaction" case involving fraudulent behaviour because, notwithstanding that the valuation was negligent, the lender suffered no loss as a result of this negligence. More …

Court rulings demonstrate importance of communicating terms of business

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Organisations tend to understand the need to provide a copy of the terms and conditions on which they do business to suppliers or customers. More …

Administration and road hauliers: Keep on trucking?

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Road hauliers are subject to a strict regulatory regime and are required to have an appropriate operator licence ("O licence") for all of their vehicles (section 2 Goods Vehicles (Licensing of Operators) Act 1995). More …

Buy together now and forever be prepared

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The number of couples buying property together, without marrying or planning to marry, is increasing each year. More …

Debt and mental health

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Since the Office of Fair Trading (OFT) published mental capacity guidance in September 2011, we have seen an increase in publicity surrounding the issue of debt collection from customers with mental health problems. More …

Deserving creditors: Never mind the expense?

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There has been a recent trend for an increasingly diverse range of claims to be paid, in whole or part, as "expenses" in formal insolvency procedures. More …

Art dealers and copyright - friend or foe?

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Dating back to the early eighteenth century when books first got copyright protection followed next by engravings, copyright has always been in the background. Until now. More …