Glossary The space around a Church altar choir and sanctuary usually occupied by the clergy and choir (and lying to the East):                                                     Chancel The schism between Henry VIII and the Roman Catholic Church arising from the King’s wish to annul his marriage (to the Queen, Katherine of Aragon) which led to the dissolution of the … Continue reading Liability for chancel repairs

“Away, and mock the time with fairest show; false face must hide what the false heart doth know” Macbeth Act 1 Scene 7 William Shakespeare Words ostensibly directed by Macbeth to Lady Macbeth – but in fact addressed to himself; he has resolved to take the throne of Scotland by plotting King Duncan’s murderous demise. … Continue reading Pre-Trial Disclosure

“Wisely and slow; they stumble that run fast”                                                                                            William Shakespeare, Julius Caesar These sage words from The Bard resound when it comes to the fine print of agreements of any kind. On how many occasions (following a meeting with say those providing mobile phones, kitchens and holidays at al) are you – at the … Continue reading Agreements

Where one settles a legal dispute with one or more wrongdoers how might one best preserve the right to pursue others who may also be legally responsible? There follows a Glossary of the definitions or concepts to which this Article refers. Glossary: A civil wrong which results in loss or damage:                                                                          A Tort A … Continue reading Joint Tortfeasors: Elephant Traps beware

“If thou wilt lend this money… lend it rather to thine enemy, who, if he break, thou mayst with better face exact the penalty” Antonio, Merchant of Venice, Act 1 Scene 3 Antonio is the title character in Shakespeare’s Merchant of Venice.  As an influential and wealthy nobleman, he proffers practical advice: if one is … Continue reading When might interest be payable on a loan?

Introduction What is done about the costs of a party who have been successful at the end of a legal case?  The Court has a very wide discretion.  However there is a general rule; this is that “costs follow the event”. In other words, the winning party may legitimately expect to receive to be awarded … Continue reading Part 35 Civil Procedure Rules and Indemnity Costs

An Injunction Order is the third most serious category of directive that an English Civil Court may make.  The first is committal to prison for contempt; the second is the sequestration (that is, seizure) of a person’s assets to satisfy a Judgment debt; and the third is the Injunction Order. The purpose of such is … Continue reading Injunction Orders: To continue or not?

Some Observations “But the comfort is, you shall be called to no more payments, fear no more tavern-bills”. First Gaoler, Cymbeline, Scene 5, Act 4 Posthumus Leonatus is in jail.  His gaoler is propounding the benefits of incarceration.  Whilst the prisoner is hardly in an enviable spot, one silver lining is that the burden of … Continue reading Commercial Landlords: Covid 19 and enforcement for breach of covenant

“Though speak’st like him’s untutored to repeat: Who makes the fairest show means most deceit”. [William Shakespeare] Deceit and Loss When deceit is practised and damage results how is that loss to be calculated? This was a question which the Court of Appeal was asked to decide in the reported case of Glossop Cartons and … Continue reading Fraudulent Misrepresentation