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01 April 2010 / Andrew Francis
Issue: 7411 & 7412 / Categories: Features , Damages
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A knotty problem

An appropriate briefing is key to untangling release fee damages, says Andrew Francis

There are many types of cases where release fee damages may be applicable and the number of different factors that need to be taken into consideration make for a knotty area of law. An accurate and appropriate briefing from legal advisers on release fee damages is key in enabling experts to adopt the right approach to quantifying these damages and to avoid creating unjustified expectations.

From newly constructed houses in Potter’s Bar to the Balal Oilfield in the Persian Gulf, and development at Vincent Square, Westminster. From George Blake the traitor to Jimi Hendrix the musician. This area of the law spans trespass to land in Great Bridgewater St, Manchester and at Walton on Thames, Surrey, rights of light on the Isle of Wight and trademarks as between a wrestling federation and a wildlife charity.

What do all these cases have in common? They are all instances where the court has examined the subject of “release fee”, “ransom” or

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MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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