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Dispute Resolution

 

Instructing a law firm for the first time - what to expect

Claire Matthews
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Legal issues can be complicated, daunting isolating and overwhelming, that is why you instruct a legal advisor to help you with whatever issue you may be facing, from conveyancing or wills through to employment disputes and litigation. Chattertons are a full...

From bad to worse - how periods of recession increase negligent claims

David Rogerson
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Professionals such as accountants and tax advisers are meant to provide trustworthy financial and taxation information and advice to a company and/or individual. Although a full review of any case is required to assess a potential claim, here are some...

What is Alternative Dispute Resolution (ADR)?

Andrew Morley
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Few would chose to become embroiled in a Civil Court case. These are cases to resolve disputes in such diverse areas as boundaries, landlord and tenant, professional negligence, challenging wills, contractual and consumer disputes. But surely, if you have...

Costly Conflict

David Rogerson
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Solicitors have an absolute duty to act in the best interest of their Clients. This is a cornerstone for the Legal Profession. Part of this duty is to ensure that you do not act where there is a conflict between your own or your clients’ interests. In...

Landlords have just months to meet energy performance targets or face big fines

Andrew Morley
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From 1 April 2018 Regulations under The Energy Act 2011 (EA 2011) will make it unlawful for a private Landlord to rent out a domestic property that does not have a minimum energy rating of E. This will apply to all new tenancies and renewals after that date....

No pot of gold at the end of the rainbow

David Rogerson
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Most people who take out a pension feel they have acted sensibly and secured their future financial security. Working for many years to save sufficient for a happy retirement. Unfortunately some are in for a shock when they get closer to retirement and find...

One day son, all this (hopefully) will be yours

David Rogerson
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You always hope that whatever property you buy will be worth what you paid for it but what if the valuation you relied on was wrong? If a surveyor is negligent when producing a property report, what loss can be recovered? The general rule is that a...

Death of the "7 day" letter? New Pre-Action Protocol "PAP" for Debt Claims from 1 October 2017

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The Ministry of Justice has published the final version of the new Pre-Action Protocol for Debt Claims. This comes into force on 1 October 2017. Who will this impact? The PAP applies to any business (including sole traders and public bodies) claiming...

Landlords hope to gain as new legislation aims to make local housing authorities act sooner on homelessness applications

Andrew Morley
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According to statistics released by the Department of Communities and Local Government, during the quarter January to March 2017 28,430 households in England made homelessness applications to local authorities and of those applications 29% were due to a...

When it goes wrong...it goes wrong

David Rogerson
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Have you bought a property only to find out sometime later that you have not got what you thought you had? You would expect your solicitors to pick up everything about the property and advise you accordingly. Unfortunately, things do sometimes get missed and...

Being let down

David Rogerson
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Every solicitor owes a duty of care to their clients to give professional and appropriate advice. Unfortunately, sometimes things can go wrong and the outcome of your claim may not be as you expected. This often the case in personal injury and/ or clinical...

SPOTLIGHT ON FORFEITURE OF COMMERCIAL LEASES

Robert Clark
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In the context of commercial leases, forfeiture simply means termination of the lease by the landlord for some default on the part of the tenant. With rare exceptions, the landlord needs to be able to rely upon an express forfeiture provision contained in...

SPOTLIGHT ON DILAPIDATIONS

Robert Clark
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Landlords and tenants of commercial property need to keep a close eye on repairing obligations under a lease. Claims for breach of a repairing obligation are known as “dilapidations claims”.  The subject of dilapidations claims never goes...

Going to see a man about a dog...

David Rogerson
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Should lawyers should fear the implications of a case where an architect was found liable for free professional advice to friends? Perhaps not but they must still exercise caution. The Court of Appeal will give judgment in coming weeks over a £265,000...

WHERE THERE'S A WILL THERE'S A WAR

Andrew Morley
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Your last will may not be the last word if someone decides to challenge this. Nothing is certain but death and taxes, so the proverb goes. And in death is the final chance to determine how your hard earned money is distributed. This is done by a will and in...

Just hold your horses... Pre Action steps in Professional Negligence Claims

David Rogerson
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Gone are the days when the first step in making a claim was to issue proceedings. “Just serve them with a Writ” was the mantra but now we are all encouraged to try and resolve matters before venturing through the Court’s doors. Indeed,...

Where does the responsibility lie when it comes to transactional losses?

David Rogerson
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Solicitors have hailed a Supreme Court decision in a professional negligence case as providing much needed clarity on their liability when they mistakenly give a client wrong information. In BPE Solicitors and Anor v Hughes-Holland (in substitution for...