Local authorities and Hedley Byrne

Article Abstract:

Negligence cases involving UK local authorities have change since higher courts took a narrower approach as to when a duty of care was owed. Informal approaches to local authorities are not seen as enough for a duty of care to be established as was shown in the Tidman v Reading Borough Council case. In another case a local authority was not held liable for saying a building has been inspected despite negligence in the inspection and the existence of work that had not been approved.

Negligence

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Revised Arbitration Bill

Article Abstract:

The UK Arbitration Bill, presented in draft format in Feb 1994, has undergone revisions, These include the inclusion of judicial immunity in clause 26, an improvement on clauses relating to evidence in arbitral proceedings, and a clause relating to new agreements. Arbitrators have their powers boosted by this draft, and courts abilities to intervene have been constrained. The changes should benefit the UK real estate industry and criticisms of the draft bill have been noted.

Commercial arbitration agreements

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Max Factor Ltd v Wesleyan Assurance Society

Article Abstract:

A UK case involving landlord and tenant law related to Max Factor Ltd as lessee and the lessee's right to operate a break clause after the lease had been reassigned. Max Factor had assigned the underlease and then become a reassignee on taking it back. The break clause referred to Max Factor as the only lessee. The terms used in the underlease emphasised that Max Factor had to remain as the original grantee. Max Factor's application against the landlord was not accepted.

Landlord and tenant, Landlord-tenant relations

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