Wills & Trusts Law Reports | Spring 2022 #186H was married to W, and they had a son, T. They all lived in a property in Derbyshire (the property), which was owned by H. While T was a child and H was working abroad, H met M in the Philippines and formed a relationship with her. H and W separated, and W and T moved out of the property and into one owned by W. H retained the property as his home when in the UK. H and M had a child, J, and after that H, M and J moved to live together in the UK, in the property.
W petitioned for a divorce from H and a consent order in the financial remedy proceedings was approved by the judge and...
Jamie Swan provides a practical guide to safeguarding construction contracts after Brexit ‘Undoubtedly the outlining of potential trigger events for a Brexit clause will require an understanding of the project and real consideration as to the events that would be likely to cause issue.’ Since the referendum of June 2016 called for an end to …
Continue reading "Contracts: Brexit-proofed?"
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Can a contract for the sale of land be enforced when one party has signed for another without consent? Rebecca Field and Amit Unadkat explain ‘The judge found that the “joint and several” provision in the contract enabled the seller to enforce the terms of the contract against the party that had signed.’ An important …
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Daniel Bain considers a Scottish case highlighting the importance of clarifying when time is to be of the essence in a contract for the sale of land ‘The contract may contain a provision making time of the essence, in which case there will be a right to terminate. However, in the absence of such a …
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Kate New looks at the outcome of some cases where the contracting parties wished to alter, avoid or reinterpret the terms of contracts that they entered into before the market collapse ‘A complicated scenario arises when the court is faced with a complex agreement and asked to consider how serious a breach must be in …
Continue reading "Contracts: Desperate times call for desperate measures"
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