All posts by Practical Law Dispute Resolution

REUTERS | Lucy Nicholson

The buyer beware principle that applies to land transactions absolves a seller of land and property from a wide range of defects and disrepair. It is, therefore, incumbent upon purchasers to satisfy themselves that the land or property they are purchasing is in the condition they believe it to be in.

Misrepresentation is one of the few legal remedies available to a purchaser against their seller. In order for this to succeed, there are three ingredients: (i) a seller needs to have made a false representation, (ii) the representation needs to have induced the purchaser into the contract to buy the property and (iii) the purchaser must have suffered loss.

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REUTERS | Tobias Schwarz

In Melloy and another v UK Insurance Ltd, a Circuit Judge in Portsmouth County Court held that where there were two or more claimants in a fixed recoverable costs case, two or more sets of fixed recoverable costs were payable to the claimants’ solicitors.

This was a personal injury claim arising out of a road traffic accident and the two claimants were passengers in a motor vehicle when it was struck from behind by a vehicle driven by the defendant’s insured.

Fixed recoverable costs apply only to personal injury claims valued at £25,000 or less, but that all changes on 3 April 2023 when virtually all civil litigation claims up to £100,000 become subject to fixed recoverable costs.

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