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Lawyer Monthly Women in Law Awards 2018 – Winner

We are delighted to announce that one of our partners, Samantha Dawkins, has received a Lawyer Monthly Women in Law Award for property litigation. The award “seeks to celebrate and highlight the achievements of women in the legal profession across the globe.  The award recognises the contribution made by female legal professionals working in the legal sector and those women who have influenced the legal industry and beyond.” Congratulations to Sam.

Supreme Court success for local firm Edward Harte: a legal precedent you need to know!

MWB Business Exchange Centres -v- Rock Advertising Limited [2018] UKSC 24. Samantha Dawkins from Brighton-based solicitors Edward Harte has successfully guided this case through to Appeal at the Supreme Court. The case which was unanimously allowed with Judgment being handed down on 16 May 2018. “Modern litigation rarely raises truly fundamental issues in the law of contract. This appeal is exceptional. It raises two of them,” said Justice of the Supreme Court Lord Sumption of the case....
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Supreme Court Success; MWB -v- Rock Advertising

MWB Business Exchange Centres -v- Rock Advertising Limited [2018] UKSC 24. Samantha Dawkins has successfully guided this case through to Appeal at the Supreme Court, which was unanimously allowed, with Judgment being handed down on 16 May 2018. It was an “exceptional” appeal that raised fundamental issues in contract law, which was ultimately decided on one issue: whether a contract can be varied orally despite a clause requiring any variations to be in writing. Our arguments focused...
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Grant of a lease – how far down does the flat owner own?

The High Court in a recent case, Gorst v Knight, decided that the demise of ground floor maisonette did not include the subsoil beneath it. A house had been converted into two maisonettes; one on the ground floor and one on the first and second floors. The ground floor maisonette included a small cellar beneath. The owners of the maisonette obtained planning permission to make the cellar into habitable space and this would involve digging into the subsoil beneath. The freeholder...
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Family Lawyer

Edward Harte are seeking a family lawyer to join their successful family team. The workload will cover all types of private law family work including finance and children and will involve advocacy. The ideal candidate will be a Solicitor or Legal Executive with at least years 3 PQE. Please apply with CV to Anna Glenton, aglenton@edward-harte.co.uk

Parental Responsibility and Medical Treatment for a child

In light of the recent events before the Supreme court regarding medical treatment for a child and last year, there was a report about a mother’s fury after finding out her 3 month old son had been circumcised without her consent when opening his nappy. It came to light that the child has been circumcised whilst in the care of his paternal grandparents. The grandparents had different religious beliefs to the mother of the child.  The police,...
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SUPREME COURT: ANTI-ORAL VARIATION CLAUSES AND PRACTICAL CONSIDERATION

MWB Business Exchange Centres Limited –v- Rock Advertising Limited [2016] EWCA Civ 553 MWB operate serviced office spaces and, pursuant to a Licence Agreement, Rock Advertising utilised such accommodation in the form of managed office space. Rock Advertising fell into arrears with the Licence fee and proceedings were issued to recover the arrears.  In the Central London County Court, His Honour Judge Maloney found that the parties had entered into an oral agreement whereby there was a...
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