We have assumed for the purposes of this Q&A, that the Q&A relates to a potential claim by a former tenant in respect of goods left behind at a commercial property, after the landlord forfeited the lease. Where goods are left behind by a tenant (following forfeiture, surrender or expiry of the term), the landlord will become involuntary bailee of such goods. The landlord must not deliberately destroy or damage the goods and take reasonable care of them, until they are returned to their owner or disposed of. To prevent a landlord being required to retain any goods left behind for a lengthy period and at great cost, the Torts (Interference with Goods) Act 1977 (T(IG)A 1977) confers a power of sale in respect of such items, subject to

A lease executed as a deed is a specialty. Prima facie, the limitation period in respect of an action on a speciality is 12 years (section 8(1) of the Limitation Act 1980 (LA 1980)). However, LA 1980, s 8(1) does not apply to any action for which a shorter period of limitation is prescribed by another provision of the LA 1980 (LA 1980,

New Roads and Street Works Act 1991 (NRSWA 1991) The New Roads and Street Works Act 1991 (NRSWA 1991) is an amending Act which concerns the law relating to roads, and specifically to enable roads to be provided by new means, as well as making provision with respect to street works. Amongst other things, the NRSWA 1991 makes provision in respect of works executed in a street in pursuance of a statutory right or a street works licence involving the placing of apparatus or the inspection, maintenance, adjustment, repair, alteration or renewing of apparatus, or moving or removing apparatus, as well as works required for or incidental to it. The person by whom the right or licence is exercisable by in respect of such street works is referred to as the

We refer you to Practice Note: Cosmetic surgery claims and in particular, the following: ‘Managing expectations Whether a procedure has been successful or not is often a subjective assessment. Where a patient has gone in with unrealistic expectations, one of the surgeon's main responsibilities should be to manage expectations, something which can be difficult. There is often a disparity between achieving a “good” outcome and one which the patient wanted. Commonly complaints or claims are based on a patient's disappointment at the outcome of their procedure. … The law A claim for damages will be brought under contract and/or tort law. Where a tort has been committed,

The principle of non-derogation from grant prevents a landlord from substantially interfering with any use for which premises are specifically let. It means that a contracting party who agrees to confer a particular benefit on another is under an implied obligation not to do anything which substantially deprives the other of the enjoyment of that benefit, as that would be to take with one hand what is given with the other. To assess whether there has been a derogation from grant, the

Non-contractual claims for breach of confidence In the UK, there is currently no statutory confidentiality protection for trade secrets or confidential information. Their protection derives from common law and equity. Usually when breach of confidence claims come to court, the basis for the action is the court's equitable jurisdiction to restrain misuse of confidential information, but sometimes the claim will include allegations that the breach of confidence is a breach of contract (whether the contractual provision is express or implied). It is settled that, for information to be classed as confidential, and protectable

Passing off is a common law tort which protects rights that are not capable of registration or are difficult to register as trade marks (eg colours, get up and packaging), or rights that have not been registered formally, but have acquired goodwill.

Dealing with a limitation issue Limitation is of critical importance. As noted in Practice Note: Dealing with a limitation issue, if a practitioner is in any doubt whatsoever as to the date on which proceedings should be issued, they should issue early to be on the safe side. The Limitation Act 1980 The Limitation Act 1980 (LA 1980) applies to the vast majority of personal injury claims. The ordinary limitation period for personal injury claims is governed by the provisions set out at LA 1980, ss 11 and 14. However, there are certain personal injury cases which

There are several limitation periods that may be potentially relevant in the context of an adjudication decision. These are the periods in which to bring a claim to: • enforce the adjudication decision • seek repayment of any monies paid out in satisfaction of the adjudication award, or • finally determine the substantive/underlying dispute Issuing proceedings in respect of one of these claims does not ‘stop the clock’ (for the purposes of the Limitation Act 1980 (LA 1980)) for either of the other claims. Enforcement of the adjudication decision A successful party can commence proceedings to enforce a valid adjudication decision by issuing a Part 7 claim and making a summary judgment application. This enables the successful party to obtain a court judgment on the adjudicator’s decision, albeit the judgment is not ‘finally binding’ as either party can bring fresh proceedings to deal with the underlying or substantive issues (discussed below). For further information

The wrongful interference with an easement constitutes a private nuisance. See Commentary: Interference with easement as a nuisance: Halsbury's Laws of England [864]. The limitation period for private nuisance is six years under section 2 of the Limitation Act 1980—see Practice Notes: Limitation—tort claims and Quick guide to common time limits for property disputes lawyers. It should be noted that an injunction is an equitable remedy, which may be granted at the discretion of the court. An injunction is regarded as the primary remedy for interference

The general rule is that contractual obligations that a person enters into will subsist after their death, although this will depend on the specific terms of the contract. Where the contract is of a personal

Overdrawn directors’ loan accounts It is not uncommon in a company insolvency to find that there is an overdrawn directors’ loan account—ie that the company has paid sums to its director(s) which have been recorded in the company’s accounts as loans. Often this is done as a way to pay remuneration to the director(s) without having to pay income tax as the payments have created liabilities on the part of the director(s) to the company, though HMRC may treat it as an interest-free loan and seek to charge income tax accordingly. Sometimes, directors’ loan accounts are used in order to pay ‘interim’ dividends to directors who are also shareholders, with an accounting adjustment exercise undertaken at the end of the financial year when it is known whether or not the company is in a position to pay