Wills & Trusts Law Reports | April 2015 #148The claimant, Mr Brudenell-Bruce Earl of Cardigan brought a claim for breach of trust against two trustees of the Savernake Estate Trust (Mr Moore and Mr Cotton) of which he is a beneficiary. He also challenged the trustees’ remuneration and sought their removal as trustees.
The estate consists of numerous properties including a mansion, Tottenham House with an adjacent stable block. The estate is held on trust for sale and within a partnership with 49% of the partnership belonging to Lord Cardigan absolutely and 51% held by the trustees of the Children’s Trust, the beneficiaries ...
John Starr reviews a case highlighting the potential for liability both under contract and statute when problems surface in a development ‘The Shepherd Homes case came to trial in mid-2007 on the issues of liability, causation of damage and entitlement to contractual indemnity.’Residential developers have unavoidable contractual and statutory liabilities to homeowners. Not only will …
Continue reading "Construction Focus: Beware the cracks"
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Richard Bartle reminds us of the common law assessment of damages and the operation of s18(1) of the Landlord and Tenant Act 1927, with reference to recent case law ‘If redevelopment is the only option open to the landlord on termination of a lease then the court would most likely assume that redevelopment will take …
Continue reading "Dilapidations: Re-development of s18?"
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