Our team, working with our Commercial Property Department and Residential Conveyancing Department can assist with both contentious and non-contentious property related issues including:
If you would like the opportunity to discuss the issues which are of concern to you please contact our litigation team for details of our free half hour interview scheme. Please also refer to our information sheet concerning the mediation services we are able to provide. We would be pleased to advise on the most appropriate way to resolve any dispute or potential dispute.
How much should you pay for work done after the expiry of the original contract..
April 2008
The unconditional agreement to an offer. This creates the contract. Before acceptance, any offer can be withdrawn, but once accepted the contract is binding on both sides. Any conditions have the effect of a counter offer that must be accepted by the other party.
Somebody appointed to act on behalf of another person (known as the principal). The amount of authority to deal that the agent has is subject to agreement between the principal and the agent. However, unless told otherwise, third parties can assume the agent has full powers to deal.
Using an independent third party to settle disputes without going to court. The third party acting as arbitrator must be agreed by both sides. Contracts often include arbitration clauses nominating an arbitrator in advance.
Failure by one party to a contract to uphold their part of the deal. A breach of contract will make the whole contract void and can lead to damages being awarded against the party which is in breach.
Where parties act together in a contract as partners they have joint and several liability. In addition to all the partners being responsible together, each partner is also liable individually for the entire contract - so a creditor could recover a whole debt from any one of them individually, leaving that person to recover their shares from the rest of the partners.
A person or business deemed liable is subject to a legal obligation. A person/business who commits a wrong or breaks a contract or trust is said to be liable or responsible for it.
An offer to contract must be made with the intention to create, if accepted, a legal relationship. It must be capable of being accepted (not containing any impossible conditions), must also be complete (not requiring more information to define the offer) and not merely advertising.
Words used on documents exchanged by parties during contract negotiations. They denote that the document is not an offer or acceptance and negotiations are ongoing. Often the expression without prejudice is used when subject to contract is meant.
Promises made in a contract, but which are less than a condition. Failure of a warranty results in liability to pay damages (see the financial terms below) but will not be a breach of contract unlike failure of a condition, which does breach the contract.
Buying the freehold of a building
Bringing a lease to an end
Unlawful interference with enjoyment of land
Unlawful entry onto land belonging to another
An agreement to do or to refrain from doing something usually found in a lease or registered against land at the Land Registry
Court Order enshrining agreement reached between the parties
Orders made by the Court to provide guidance to the parties on the conduct of the case.
An alternative method of resolving disputes where the parties reach their own agreement with the guidance of a trained mediator.
Statement of evidence filed by a party or a witness within proceedings.