In the aftermath of the recent Canterbury earthquakes, questions have arisen over the liability of tenants to pay rent on premises that are damaged and/or inaccessible. Clauses 26 and 27 of the ADLS lease provides that if the premises or building under the lease is damaged or destroyed, as to make the premise untenantable, then [...]
In the recent case of Denaro Ltd v Onyx Bar & Café (Cambridge) Ltd (HC, 01/02/2011), the Court upheld that restitutionary damages could be awarded for a breach of contract. The case concerned a purchase of a café/bar which included a restraint of trade clause in the sale. The vendor, unbeknown to the purchaser, never intended [...]
Prior to the Wills Act 2007 (the Act), a will had to be signed in the presence of two witnesses for it to be valid. Although this is still a requirement under section 11 of the Act, section 14 empowers the High Court to declare certain “informal wills” valid. This is perhaps the single most important [...]