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Evicting a tenant - Section 21 or a Section 8 notice?

Lochana Gabrielsen
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Which notice should the landlord use to evict a tenant? Both forms are used to serve notice to tenants, but they are noticeably different, and it is extremely important to serve the correct notice to avoid unnecessary delays and expenses. What is the...

Fund or no Fund......?

Nick Stockley
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Noel Edmonds is going to be starting legal action, we know this because he has recently issued a statement whereby he expresses his gratitude for a “white knight” stepping in and help fund the multi-million pound claim that he will be...

But I was simply doing my job, so I can't be liable, can I?

Nick Stockley
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The general rule in commercial contractual relationships is that if a limited company is the contracting party, then the directors of that company cannot be liable. If one party to the contract suffers loss or damage as a result of a breach of contract then...

At least I got paid before the customer went bust...... oh!

Nick Stockley
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There is a recent court decision which will have a significant impact on people who get paid for outstanding invoices, before a company is wound up. It may mean that you, the supplier, get paid by your customer, but then you have to give all of the money...

Is the new Protocol for Debt Claims unfair on creditors

Gemmalucy Smith
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The new Pre-Action Protocol for Debt Claims came into force in October last year requiring anyone who is owed money by an individual (not a business) to follow the prescribed process before commencing court action against that individual.  WHY IS...

Closing Down - is it too easy.

Nick Stockley
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One of the concerns that my clients raise with me when they get into a dispute with a limited company, is that the company can simply shut down to avoid paying the debt but then start again the following day under a slightly different name. People think that...

Consumer Rights - do you know yours?

Nick Stockley
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The Consumer Contracts Regulations have been in place for some time but do we know what rights we have as consumers?  Suppliers of goods and services are now obliged to give consumers information relating to the description, the price, the right to...

Settling for Less?

Nick Stockley
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Lord Justice Jackson is to lead a new review of fixed recoverable costs the HM Judiciary has announced. The review is to consider whether, in civil litigation cases up to £250,000, the winning party should be awarded more than a fixed and prescribed...

Will Mediation ever be compulsory?

Nick Stockley
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It seems that the pro mediation movement has been given another shot in the arm following comments from Lord Neuberger. The president of the Supreme Court  has given an indication that he would support making mediation compulsory in smaller civil cases....

Rising Court Fees and Access To Justice

Nick Stockley
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On 9 March the cost of bringing a claim is going to increase dramatically. If the claim is below £10,000 then there will be no change in the court fees. This is surely a good thing because most “every day” financial disputes are under...

Returning your unwanted gifts...

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For Christmas I gave my teenage nephew what I thought to be a very attractive jumper. He politely asked if I still had the receipt! Fortunately the shop I purchased it from anticipated my lack of judgement and gave me a gift receipt and so my nephew can swap...

Tenancy Deposit Schemes - Landlords beware!

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Are you a landlord of a residential property? Are you unsure about Tenancy Deposit Schemes and what they mean? What is a Tenancy Deposit Scheme? Landlords who have granted a new Assured Shorthold Tenancy and who have received a deposit from the tenant...

An Englishman's home is his castle!

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This is never more so than when a neighbour is trying to steal part of it! I have dealt with many boundary disputes.  Some have involved large areas of land and others quite small but nevertheless still as important to the landowner. Regardless of the...

Buying a horse this New Year?

Jacqueline Hardaway
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As often comes with the New Year and New Years resolutions, is a decision to start a hobby! A friend of mine who is a keen rider has decided to buy a horse, having loaned horses for years she is now taking the plunge and considering putting a significant...