From 1 October 2017, a new Pre-Action Protocol will apply to creditors pursuing debts owed by an individual. The Protocol sets out a number of steps that creditors are expected to take before seeking to commence court proceedings for recovery of that debt.
Cash flow issues can cripple a business. Late payment of invoices is becoming increasingly common and can be a significant burden on staff time and management time while chasing payments.
Q. We want to help our 20 year old daughter buy her first flat, but we’re worried about putting such a valuable asset directly in her name. Is there anything we can do to protect the property until she’s a bit older?
It is always a shock to discover that a director, senior manager or other valued staff member of a business has acted in a way that may prejudice the business for their own or another’s gain. For example, where a departing employee has stolen valuable intellectual property or a director has misappropriated funds or property belonging to the business. Often these events can be categorised as criminal behaviour such as theft or fraud. The instinct is to report the conduct to the police.
A recent decision in the Senior Court’s Cost Office has reminded litigants of the importance of proportionality of costs in legal proceedings. The case was a personal injury claim which settled for just over £3,000. However, the Claimant’s solicitors’ bill of costs was for in excess of £70,000. The Costs Judge decided that the bill was disproportionate and reduced it by two thirds.
Solicitor, James Woods from our Dispute Resolution team comments on the the Supreme Court judgment of Ilott v The Blue Cross and Others.
Have you been let down by a professional? Did your lawyer omit to advise you of planning, right of way or environmental issues affecting your property when you bought it? Did they fail to protect your interests in a property venture adequately? Did they miss a limitation deadline when acting for you on a dispute? Or did they prepare a Will or a Trust which did not have the desired tax consequences?
The Inheritance (Provision for Family and Dependants) Act 1975 (‘the Act’) provides a route for certain people who believe they have not been adequately provided for, to claim for something out of a deceased person’s estate. The court has an almost unlimited discretion to decide the ‘right’ outcome.
Solicitor, Amy Wilford from our Dispute Resolution team speaks to Choice Magazine about challenging a loved one’s last wishes.
A review of the structure of current civil court system by Lord Justice Briggs, the Deputy Head of Civil Justice in England & Wales, was published in July 2016 and highlighted the lack of a suitable dispute resolution forum for disputes where the amounts involved do not usually justify involving solicitors.
The decision to exit the European Union will undoubtedly give rise to a period of uncertainty for us all. A great deal has been written already about possible impacts and, in writing this short article, I have sought to highlight a few key areas that may warrant some immediate thought and possible action depending on your business sector, geography and markets.
The Solicitors Journal reports on Thomson Snell & Passmore's recent significant promotions within the firm.
We are pleased to receive, for another year, the accolade from eprivateclient of being listed as one of the Top 25 Law Firms in the UK.
Significant changes will shortly be made to insurance law in England and Wales. The cumulative effect of the reforms will be to significantly rebalance insurance law in favour of commercial policyholders ultimately leading to more claims being met. The main changes are summarised below.
Despite common misconceptions, there are only four possible ways to challenge a will.
Do you or your business have a claim which you wish to bring but you are wary about doing so because of the costs and risks? Are you tempted just to ‘put it down to experience’ despite the fact that you would really rather not?
The decision in Nemcova v Fairfield Rents Limited serves as a timely reminder to owners of leasehold property to consider carefully all obligations in their lease and the intention of those obligations before allowing a third party into occupation.
Partner, Mark Steggles from our Dispute Resolution team speaks to multi-award-winning wealth management and luxury lifestyle media brand Spear's Magazine, about the legal dispute between David Richards CBE and the residents of St Mawes over the use of his helicopter landing pad.
Mark Steggles speaks to the Guardian and gives his advice in response to a Consumer Rights question.
Have you been let down by a professional? Did your solicitors omit to advise you of planning, right of way or environmental issues affecting your property when you bought it?
Nick Horton speaks to business magazine South East Business about funding a claim against your professional adviser.
Nick Horton from our Dispute Resolution team speaks to The Times and comments on the rise in court fees.
Keith McAlister and Julie Gabay speak to wealth management magazine Spears about the recent dispute over the use of the Rothschild name.
Douglas Skilton from our Dispute Resolution team addresses a question from a business owner regarding concerns of the cost and risk of taking legal action to try to recover loses after professional advice was given wrongly, causing their business a significant loss of money.
Powers of Attorney are commonly used where a person (the ‘donor’) wants to appoint one or more others to assist in their decision making or to make decisions on their behalf. They are often utilised where the donor lacks the mental capacity to make decisions themselves, although this is not always the case. The attorney must act in the best interests of the donor and ensure that they are acting for the donor’s benefit, rather than their own, at all times.
The Groceries Code Adjudicator (the GCA) has released the results of its latest survey into retailer compliance with the Groceries Supply Code of Practice (the Code).
Douglas Skilton from our Dispute Resolution team speaks to The Times and gives advice on what to do if a payment error is made due to the recycling of bank accounts.
Q. I have been cut out of my parents Will, what can I do?
There has been a positive reaction to the latest plans for London Paramount Park from locals hoping it will provide a much-needed boost to the economy.