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29 May 2015 / Andrew Francis
Issue: 7654 / Categories: Features , Property
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Lessons to be learnt

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How has Lawrence v Fen Tigers Ltd been treated at first instance, asks Andrew Francis

A key question arising from the judgment of the Supreme Court in Lawrence v Fen Tigers Ltd [2014] 1 AC 822, [2014] 2 All ER 622 was how trial judges would decide whether the proper remedy for breach of property rights was an injunction, or damages in lieu.

Fen Tigers stated two key principles. First, where there is a breach of property rights the prima facie position is that an injunction should be granted. Second, as to the choice between an injunction and damages, the outcome should depend on all relevant facts, circumstances and arguments. Overlying both principles is the point made by the Supreme Court in Fen Tigers that there should no longer be slavish adherence to the “good working rule” in Shelfer v City of London Electric Lighting Co Ltd [1895] 1 Ch 287, [1891-4] All ER Rep 838. While there were differences between the justices of the Supreme Court as to what might be relevant

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MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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