Dizzy heights and occupiers' liability

Reviews case law on the occupier's duty of care to trespassers under the Occupiers' Liability Act 1984 s.1, including the issues that apply where the trespasser engaged in risky behaviour, was a child, and where the property was inherently dangerous.

Duty of care and slippery floors

Reflects on the scope of a shop owner's duty of care under the Occupiers' Liability Act 1957 to keep floors clear of spillages. Reviews the principles formulated by the Court of Appeal in Ward v Tesco Stores Ltd, including the evidential burden to show the discharge of the duty, and the approach adopted in subsequent cases. Discusses the High Court ruling in Piccolo v Larkstock Ltd (t/a Chiltern Flowers) on whether a small florist on Marylebone Station concourse was obliged to keep the floor dry and petal-free at all times and notes the importance of a proper system to safeguard customers.

Deal or no deal

Discusses the pre-action protocol for mortgage possession claims which came into effect on November 19, 2008, highlighting the situations in respect of which it is suggested the lender "considers" not starting proceedings and the lenders entitlement to be informed of progress on the sale of the property. Reviews the guidance on mortgages and arrears issued by the Council for Mortgage Lenders, aimed at assisting lenders in complying with the Financial Services Agency's Mortgage Conduct of Business Rules Pt 13. [From Legal Journals Index]

A clear direction

Comments on the House of Lords decision in Thorner v Curtis, also referred to as Thorner v Major, on whether an unpaid farm labourer could rely on assurances made by the farmer that he would inherit the farm, to establish proprietary estoppel when the farmer died intestate. Considers whether the assurances had been clear and whether the property to be inherited could be specifically identified. Notes the Lords' consideration of the possible existence of a constructive trust. [From Legal Journals Index]

Estoppe right there

Examines the House of Lords judgment in Cobbe v Yeoman's Row Management Ltd on whether an experienced property developer was entitled to relief on the basis of proprietary estoppel for the cost of obtaining planning permission to demolish an existing property and build new houses under a non-binding oral agreement. Sets out two requisite conditions needed when deciding whether estoppel existed. Considers whether unconscionability was a separate element in making a claim for proprietary estoppel. [From Legal Journals Index]

Arrears end

Considers the proposed pre-action protocol for mortgage arrears aimed at residential lenders and intended to restrict their ability to seek possession. Includes responses to the Civil Justice Council's consultation, which ended in May 2008, with particular emphasis on the objections of the Council of Mortgage Lenders. [From Legal Journals Index]

Estoppel and the interests of the prospective beneficiary

Reviews case law concerning proprietary and testamentary estoppel. Examines two cases in which an elderly person made certain comments and encouraged an understanding between themselves and the claimants, that on death properties would be left to them, but where the requisite legal formalities were not undertaken. Illustrates the contrasting courts' approach, once estoppel has been established, in finding the appropriate remedy to satisfy and considers the challenges faced by the courts in differentiating between constructive trust and proprietary estoppel. [From Legal Journals Index]

Cohabitation and conflict

Considers some of the potential legal difficulties that can occur on the breakdown of a cohabiting couple's relationship. Covers disputes surrounding the ownership of the family home and the use of constructive trusts following the House of Lords decision in Lloyds Bank Plc v Rosset. Outlines the recommendations of the Law Commission in its report Cohabitation: the Financial Consequences of Relationship Breakdown. [From Legal Journals Index]

Rights for cohabitants

Reviews the guidance given by the House of Lords in Stack v Dowden on quantifying the beneficial interests of cohabiting parties in their former family home when one party seeks to rebut the presumption of joint beneficial ownership. Comments on the subsequent application of the principles by the county court in Adekunle v Ritchie and by the Privy Council in Abbott v Abbott, highlighting the approaches used to establish an equitable interest and to quantify the parties' shares in the properties. Considers whether statutory intervention is now needed to resolve the difficulties. [From Legal Journals Index]

Divorce deals and bankruptcy

Discusses the rights and responsibilities of trustees and beneficiaries of co-owned land under the Trusts of Land and Appointment of Trustees Act 1996, in particular s.14 which allows the court to make an order declaring the extent and nature of a person's interest in the property. Refers to the Court of Appeal decision in Avis v Turner on whether the existence of an earlier court order postponing the sale of matrimonial property following the owners' divorce meant that an application could not be brought by a trustee in bankruptcy under s.14. Considers the "exceptional circumstances" which could allow the court to postpone the sale. [From Legal Journals Index]

The mortgagee's duties on sale

Discusses the remedies available to mortgage lenders when borrowers default on their mortgage repayments. Examines aspects of the mortgagee's duty of care to the mortgagor when choosing to sell the property in terms of the timing of the sale, the mode of sale, the price obtained, and the sale of a commercial property to a party associated with the mortgagor. [From Legal Journals Index]

Cohabitation: quantifying an equitable share

Discusses the House of Lords judgment in Stack v Dowden on the factors the courts may consider when determining whether to rebut the presumption that former cohabitees, who were registered as joint legal owners of a property, were also joint beneficial owners with equal shares in the property. [From the Legal Journals Index]

Quantifying the beneficial interests of cohabitees

Discusses entitlements to a share of the sale proceeds of the family home where partners are cohabiting but not married and the property is registered in the name of one person only. Explains the obligation to establish that a cohabitee has an equitable interest in the property under the principles of constructive or resulting trusts. Considers how the court is able to quantify the respective shares, both before and after Oxley v Hiscock. [From the Legal Journals Index]

Diversity and abundance of soil arthropods in urban and suburban holm oak stands

We investigated the soil arthropod communities of urban and suburban holm oak (Quercus ilex L.) stands in a small (Siena) and a large Italian city (Naples) and tested whether the abundance and diversity of higher arthropod taxa are affected by the biotic and abiotic conditions of urban forest soils, including pollution. Acarina and Collembola were the dominant taxa in both cities. In Siena the total number of arthropod individuals collected in the samples was over 1/3 greater than in Naples, but all diversity indices scored higher in Naples than in Siena, probably in response to the higher heterogeneity of microclimatic and pedological conditions found in Naples study area. Oribatids resulted twice more abundant in Siena and so were the total mites with respect to Collembola. While “taxonomic richness” per site increased with distance from road traffic, entropy and evenness indices scored higher at the two ends of the impact gradient in both cities. The overall variation in basic pedological and microbiological soil parameters positively correlated with the total abundance of arthropods, and negatively correlated with their taxonomic richness. At the resolution employed, no significant relation emerged between anthropogenic factors, such as traffic load and soil pollution, and the arthropod fauna density and variety. These results are consistent with conclusions drawn from a previous study on the enchytraeid fauna examined at species level, which is remarkable considering the different taxonomic resolutions of the two studies. CCA results suggest that the higher abundance of Oribatid mites, Protura and Thysanura and the lower abundance of Diplopoda and Symphyla in Siena could depend on a higher fungi/bacteria ratio. This observation can be interpreted in terms of differences in fungi and bacteria between the two cities: Siena is shifted towards the fungal decomposition channel, which supports taxa such as oribatid mites, while Naples is shifted towards the bacterial channel, which supports chiefly detritivorous groups, such as diplopods.

Infection mechanism of Diplodia corticola

Diplodia corticola is regarded as the most virulent fungus involved in cork oak decline, being able to infect not only Quercus species (mainly Q. suber and Q. ilex), but also grapevines (Vitis vinifera) and eucalypts (Eucalyptus sp.). This endophytic fungus is also a pathogen whose virulence usually manifests with the onset of plant stress. Considering that the infection normally culminates in host death, there is a growing ecologic and socio-economic concern about D. corticola propagation. The molecular mechanisms of infection are hitherto largely unknown. Accordingly, the aim of this study was to unveil potential virulence effectors implicated in D. corticola infection. This knowledge is fundamental to outline the molecular framework that permits the fungal invasion and proliferation in plant hosts, causing disease. Since the effectors deployed are mostly proteins, we adopted a proteomic approach. We performed in planta pathogenicity tests to select two D. corticola strains with distinct virulence degrees for our studies. Like other filamentous fungi D. corticola secretes protein at low concentrations in vitro in the presence of high levels of polysaccharides, two characteristics that hamper the fungal secretome analysis. Therefore, we first compared several methods of extracellular protein extraction to assess their performance and compatibility with 1D and 2D electrophoretic separation. TCA-Acetone and TCA-phenol protein precipitation were the most efficient methods and the former was adopted for further studies. The proteins were extracted and separated by 2D-PAGE, proteins were digested with trypsin and the resulting peptides were further analysed by MS/MS. Their identification was performed by de novo sequencing and/or MASCOT search. We were able to identify 80 extracellular and 162 intracellular proteins, a milestone for the Botryosphaeriaceae family that contains only one member with the proteome characterized. We also performed an extensive comparative 2D gel analysis to highlight the differentially expressed proteins during the host mimicry. Moreover, we compared the protein profiles of the two strains with different degrees of virulence. In short, we characterized for the first time the secretome and proteome of D. corticola. The obtained results contribute to the elucidation of some aspects of the biology of the fungus. The avirulent strain contains an assortment of proteins that facilitate the adaptation to diverse substrates and the identified proteins suggest that the fungus degrades the host tissues through Fenton reactions. On the other hand, the virulent strain seems to have adapted its secretome to the host characteristics. Furthermore, the results indicate that this strain metabolizes aminobutyric acid, a molecule that might be the triggering factor of the transition from a latent to a pathogenic state. Lastly, the secretome includes potential pathogenicity effectors, such as deuterolysin (peptidase M35) and cerato-platanin, proteins that might play an active role in the phytopathogenic lifestyle of the fungus. Overall, our results suggest that D. corticola has a hemibiotrophic lifestyle, switching from a biotrophic to a necrotrophic interaction after plant physiologic disturbances.This understanding is essential for further development of effective plant protection measures.