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Insights

Trusts of Land Claims (TLATA) - What Is the TLATA Claim Process?

Posted on 01st July 2024 in Dispute Resolution

The Trusts of Land and Appointment of Trustees Act 1996 (‘TLATA’) gives the Court power to resolve disputes about ownership of a property, or land. These disputes commonly arise between cohabiting couples but may also be between friends and family members.

Posted by

Jack Matthews

Trainee Solicitor

Insights

Brewing Justice: Dark Sky Brewery Triumphs over SKYY Vodka in Trade Mark Battle

Posted on 27th June 2024 in Intellectual Property, Dispute Resolution

In a David and Goliath legal showdown, Dark Sky Brewery Ltd (‘DSB’) has emerged victorious in a trade mark battle against spirits giant Campari America LLC (‘Campari’) where the IPO confirmed that beer is not in fact vodka.

Posted by

Jessica Whittick

Solicitor

Insights

My Partner Owns The House, But I Have Done All The Improvements and Renovations: What Can I Do?

Posted on 25th April 2024 in Dispute Resolution

You have moved in with your partner who already owns their property and you both decide to complete renovations to your partner’s property at your expense. Unfortunately, things have not worked out and you have separated, and you have moved out.

Posted by

Jack Matthews

Trainee Solicitor

Insights

Can You Prevent People From Bringing an Inheritance Act Claim?

Posted on 14th March 2024 in Dispute Resolution, Probate & Wills

In a recent High Court case, the Court considered whether a deceased’s wife lost the money left to her in her husband’s Will because she brought a claim under the Inheritance (Provision for Family and Dependents) Act 1975 (“the 1975 Act”). 

Posted by

Martin Laver

Partner and Solicitor

Insights

The Snow Globe Wars: Aldi’s Appeal Shattered

Posted on 04th March 2024 in Dispute Resolution

There continues to be many widely publicised examples of retailers taking legal action to protect their much-loved products against lookalike products circulating in the market and IP lawyers have been eagerly anticipating the judgment on Aldi’s attempt to overturn the judgment made last year. The result? M&S were victorious as Aldi’s appeal was dismissed by the Court of Appeal.

Posted by

Jessica Whittick

Solicitor

Insights

Tales of the Unexploded: an Interesting View on the Causes of Damage to Land

Posted on 26th February 2024 in Dispute Resolution

In February 2021, residents of Exeter had the briefest of glimpses into life almost 80 years ago, when a large unexploded World War II bomb was found by site workers. In the vicinity were various residential properties and several blocks of halls of residence owned by the University. The plans to make the bomb safe were always going to be risky and, alas, the bomb detonated in quite spectacular fashion, causing damage to properties in the vicinity.

Posted by

Joanne Young

Senior Associate & Solicitor

Insights

Coming Soon to a High Street Near You? Compulsory Property Auctions

Posted on 20th February 2024 in Dispute Resolution

Visit high streets in some parts of England and you will find a lot of empty shops. They can look unattractive, make the public less inclined to venture into their local shopping area and, like a vicious cycle, this then adversely impacts on the businesses clinging on to survival.

Posted by

Joanne Young

Senior Associate & Solicitor

Insights

Liability For Escaping Animals: Animals Act 1971

Posted on 16th February 2024 in Rural Property & Countryside Matters, Dispute Resolution

As an animal owner, you may have thought about - or even experienced - your animals escaping and causing damage to property or even injuring someone. Have you ever worried about your liability for damage caused by your animals? Our latest insight provides advice to animal owners on this Act which is notoriously difficult to interpret.

Posted by

Jill Headford

Partner and Solicitor

Insights

Love your Lease!

Posted on 13th February 2024 in Dispute Resolution

What better time is there than mid - February, just as the over-priced flowers and fluffy bears appear on shop shelves, to show some love for a much under-appreciated part of any commercial landlord or tenant’s life - the lease!

Posted by

Joanne Young

Senior Associate & Solicitor

Insights

How do restrictive covenants limit the use of land?

Posted on 09th February 2024 in Rural Property & Countryside Matters, Dispute Resolution

A covenant is the legal term for a promise, usually not to do something on your land (a negative or restrictive covenant) but occasionally to do something (a positive covenant).

Posted by

Jill Headford

Partner and Solicitor

Insights

What Is Adverse Possession and How Does It Work?

Posted on 08th February 2024 in Rural Property & Countryside Matters, Dispute Resolution

Adverse possession is all about claiming someone else’s land as your own on the basis of your possession of it for a period designated by law. Of course, not all kinds of occupation lead to eventual ownership.

Posted by

Jill Headford

Partner and Solicitor

Insights

Resolving Boundary Disputes

Posted on 08th February 2024 in Rural Property & Countryside Matters, Dispute Resolution

Land is a great asset to have - I don’t think anyone would dispute that. But by the same token owning land (like having money) can be a worry as well. If you are lucky and your land has clearly identified boundaries and so long as there is no argument about them, all is well. That is the case for most land but some people are not quite so lucky. Boundary disputes can be a headache, especially if not well handled from the start.

Posted by

Jill Headford

Partner and Solicitor