An Englishman’s home is his castle. It can be frustrating and upsetting, then, when your enjoyment of your home is disrupted by issues with your neighbours. The Citizens Advice Bureau have indicated that neighbour disputes are very common and that the...
To be able to serve the “faultless” notice, a landlord must establish that the Section 21 procedure can be used, and that prescribed information has been served on the tenant. This procedure is often preferable as it is generally speedier and...
When it comes to evicting tenants, a landlord has several options, but which option a landlord will take depends on a variety of factors. The main two routes involve serving a Section 8 or 21 Notice on the tenant, but a landlord may be restricted to one...
There is a general acknowledgement that the economy faces a very uncertain future. Widespread concerns as to the depth of any recession are now daily front page news. There are concerns about what happens when the business is up and running again and...
You have successfully obtained a county court judgment against a defendant in respect of money owing to you. Does this mean you will now automatically receive this money? What happens when you obtain judgment from the court against the...
One of the most important issues for litigation is whether a claimant’s right to action is within the limitation period. The Limitation Act 1980 contains provisions on limitation periods for different areas of law, ranging from negligence to breach of...
The day was 3 rd September 2018 and after a summer break from studying/work, I started my journey with Dawson Hart. Naturally, I felt nervous but equally excited about what the future might hold. After a tour of the offices, and a general chit-chat with...
A statutory demand letter is just another letter asking for money, right? A statutory demand is not just another letter, it is the formal precursor to insolvency action being started against you. If you do not respond to a statutory demand within the set...
If you are left out of someone’s will there are two realistic courses of legal action. You can try to claim that the will is invalid. This is only going to be a viable course of action if, by invalidating the will, you stand to receive something from...
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...
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...
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...
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...
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...
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...
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...
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...
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....
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...
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...
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...
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...
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...
