Tughans Solicitors

BMAP Appeal court ruling: back to the drawing board

The Belfast Metropolitan Area Plan (BMAP), whose many policies are to provide guidance in the formulation and determination of planning applications in respect of the greater Belfast Area was first published nearly 13 years ago. BMAP has been subjected to a further set back following a recent Court of Appeal decision. The nature and extent... Read More

EXP v Barker: The legal cost of a conflicted expert witness

A recent Court of Appeal decision in England and Wales acts as a reminder of the importance of ensuring that your instructed expert is independent and  that any conflicts of interests are addressed at the outset.   The Northern Ireland Court Practice Direction No 1 of 2015 outlines the duty of expert witnesses in the... Read More

How Do I Handle It?

For July 2017, we have asked the employment team to provide practical answers to unusual, sensitive or complex work related queries. We call this feature “how do I handle it?”   The articles are aimed at HR professionals and other managers who may need to deal from time to time with the less common place... Read More

How to successfully succession plan in a family business

What of your legacy? You, and perhaps your predecessors, have fought the odds to build a successful business. Have you considered whether it will be in the right hands to protect your legacy and/or to provide an income for your family in the future? Evidence shows that only 25% of family businesses survive to the... Read More

Queen’s Speech confirms whiplash reforms and court modernisation

On 21 June 2017, the Queen’s speech confirmed that legislation will be introduced to modernise the courts system in England and Wales, and to help reduce motor insurance premiums. The Queen announced the Government’s legislative programme for the next two years, and among the 27 bills, eight of which dealt with Brexit, a Civil Liability... Read More

Cleverly drafted side letter: No penalty kick

Side letters are commonly used by landlords to side step the terms of a lease and confer a temporary personal concession to a tenant. However the recent case of Vivienne Westwood Limited v Conduit Street Developments Limited EWCH 350 has highlighted that landlords can find themselves scoring an own goal.   What are Penalty... Read More

Northern Ireland Exports – figures and considerations

HMRC recently released the figures showing the UK’s import and export trade in the year ending 2017 and the data makes for interesting, and positive, reading. Northern Ireland’s exports for the year came to £7.8 billion, being a 12% increase on the previous year. The Republic of Ireland accounted for almost a third of that... Read More

Fraudulent claims; Hayward’s claim goes Wayward: Case Analysis of Hayward v Zurich Insurance Co PLC [2016] UKSC48

The recent 2016 case of Hayward v Zurich Insurance Co PLC UKSC48 considered whether an insurer can use the law of misrepresentation to successfully appeal a personal injury settlement, where there had been a suspicion of fraud. In 2003, the Appellant’s Zurich, Mr Hayward’s employer’s insurer settled a personal injury claim suffered in the... Read More

Shareholder disputes and valuation issues

Background Imagine a company with four shareholders: A, B, C and D.  They work together to build a successful business over a number of years, but then fall out.  The fall out is terminal and shareholders A and B decide they will have to exit the company. Happily, the company has taken legal advice and... Read More

Looking East – Export Opportunities in the wake of Brexit

On Wednesday 29th March 2017 Theresa May officially triggered the UK’s withdrawal from the EU. And so we brace ourselves for what lies ahead and contend with the uncertainty of what a post Brexit Northern Ireland will mean. Such uncertainty makes it prudent for local businesses to seek out potential opportunities. China, in particular, presents... Read More