Michael Smart examines a case that indicates the court’s current approach towards valuing disrepair and reinstatement ‘The judge held that, hypothetically, given the condition of the market at lease expiry, it was not appropriate to calculate the out-of-repair value of the property on a “pound for pound” basis.’ In the recent case of Consortium Commercial …
Continue reading "Dilapidations: Valuable pointers"
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Wills & Trusts Law Reports | January/February 2016 #156This was a claim for an account and associated enquiries and for equitable compensation brought by Jeffrey and Peter Barnett (the claimants) against their former solicitor Stuart Creggy (Mr Creggy). The claimants were entrepreneurs in the restaurant business. Mr Creggy’s practice consisted of establishing offshore companies for clients and providing services to those clients in respect of depositing, investing and withdrawing funds held in those companies. Mr Creggy ceased to be a solicitor in 1998, but continued to provide those services until 2002.
The claimants were clien...
Wills & Trusts Law Reports | January/February 2014 #136In 2007 the defendant Mr Jimenez (J) became involved in the development of a golf course in France and gathered together a number of investors including the claimant Mr Wise (W), then a close friend of his, who provided £500,000 to invest in the project. The money was procured by means of a loan from Coutts and Co of £350,000 together with funds from two other accounts held by W. It was transferred to the account of a dormant company, the second defendant, CD Investments Ltd (CDI) set up by W and now in liquidation, and hence to an account with HiFX in J’s name in the form of €...
Laura John sets out the lessons to be learned from Challinor v Bellis on handling the client account ‘An escrow arrangement is dependant on an enforceable contract or undertaking not to treat the funds transferred by X as the property of Y unless and until the escrow event or condition is satisfied.’This article considers the …
Continue reading "Client Monies: Ascertaining the money trail"
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