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Justin Emerson
 

Who Is Responsible For Getting Rid Of Mould In Rented Accommodation?

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A mouldy problem... By the end of 2021, a quarter of UK households will rent privately. That’s approximately 5.8 million households renting, due to the combination of soaring house prices and salaries remaining relatively static. Anyone who has...

Medical Insurance: How Much Does It Cost Not To Have Insurance?

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We all sit dreaming whilst on our soggy morning commute, about getting away from it all. We imagine jetting off somewhere exotic; a place of endless sunshine, cocktails and relaxation. Or perhaps you’re more of an activity and adventure person...

Call-out Fees: How Much Should You Pay?

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How much SHOULD you be paying? When you’ve got a burst pipe that’s sending water cascading down through the ceiling light fitting and ruining your carpets, you need a plumber quickly. The same happens if your gas boiler decides to fail just as...

Section 21 Changes: No Fault Eviction Scrapped

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Just over 6 months ago, Theresa May pledged £2 billion pounds towards council housing across the UK. The Prime Minister has said that people who live in social housing should feel proud of their homes, and that the “stigma” attached to...

"What Happens If I Ask To See My Medical Records?"

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I’ll make a note of that... We all trust our doctors to have our best intentions at heart, and to make sure we get the care and treatment we need. Doctors have always taken detailed notes of each patient’s health history, medical...

Taking Pictures Without the Owner's Consent

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Happy snapping.... We’ve turned into a nation of photographers. Not only do we constantly have access to a camera these days, thanks to smartphones that come complete with highly advanced camera technology built in, but we love snapping away too....

When an Easter Egg Hunt Could Land You In Hot Water...

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When an Easter Egg hunt could land you in hot water.... A recent campaign by Cadbury that encourages people to go treasure hunting, has highlighted a problem that landowners across the country are facing – illegal metal detecting. It may seem like...

Drone Wars - What's the Latest Legislation on the Use of Drones?

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Drone wars – what’s the latest legislation on the use of drones? In December, Gatwick Airport, the UK’s second major air hub, was brought to a complete standstill for several days. There was no bomb threat or unpronounceable Icelandic...

Professional Negligence-PRO BONO work beware

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The recent decision in the Technological Construction Court of Burgess v. Lejonvarn [2018] EWHC 3166 (TCC) is a stark reminder of the fact that a professional may be held liable in negligence when providing services free of charge. Professionals need...

Pothole misery who will cover the costs?

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After a cold, wet winter, who is responsible if your vehicle is damaged by a pothole? Potholes. They’re the bane of every motorist, motorcyclist and cyclist in the land. They’ve even been known to claim the odd pedestrian or two, and it seems...

Buying from an online auction site - are you protected?

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If there’s one place you’re pretty much guaranteed to spot a bargain, it’s an online auction site. Ebay is now one of the world’s biggest buying and selling portals, with millions of transactions taking place every year. It’s...

New trade mark rules simplify counterfeit challenges

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A branding challenge toppled the golden arches when a small Irish fast food company managed to block the international McDonald's food chain from trademarking the terms Big Mac and Mc throughout Europe. The European Union Intellectual Property Office...

Bankruptcy and your home

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Bankruptcy is only one of the options available to you if you are in financial difficulties. Whether bankruptcy is right for you will depend upon a number of factors. One factor you should consider carefully before proceeding with bankruptcy is...

Who is responsible when you get scammed: you or the bank?

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In the first six months of 2018, online scammers had a bit of a field day with UK customers’ bank accounts. In fact, they drained over £500million from British customers from January to June. So despite the advent of better firewalls, higher...

Finders Keepers?

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What’s the Law Regarding Things You Find? This issue is a common one. What does the law require you to do when you come across something that isn’t yours? For example, a £20 note on the street? Let’s look at the...

Price wars: How not to become a casualty

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Competition in retail is at an all-time high, with even the big names on the high street struggling under the endless weight of overhead-free online retail. Combine that with a consumer base that has a more discerning eye for a bargain and an ever-tightening...

Illegal Eviction: what is it and what are the consequences?

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Illegal eviction is a criminal offence. The law is very specific and solid in its procedures for eviction of any tenant who has an assured shorthold tenancy agreement, and tenants are covered by the Protection from Eviction Act 1977 to ensure the processes...

Bump in the night for Airbnb landlords

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Rule changes on short term lets could see part-time landlords hit by a new tax bill from next year if they let out their whole property. Homeowners can earn up to £7,500 per year tax free by renting a room to a lodger, but the rise of the sharing...

How businesses are using Company Voluntary Agreements

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In recent months, there has been a growing interest in the way businesses are using a particular type of insolvency prevention procedure – known as a Company Voluntary Agreement – to reduce the amount they’re paying to landlords. Here, we...

Shareholder Disputes

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Disputes between Directors are commonplace. However, those disputes can lead to real difficulties where the Directors are also Shareholders. A stalemate can occur which prevents the company from running day to day. That scenario can be...

Landlords - what's your legal status when dealing with rent arrears?

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It’s every landlord’s nightmare. For whatever reason, your tenants have stopped paying the rent and are now in arrears. If you rely on their rent to cover the mortgage costs of the property, this can be a worrying time. Even if the property is...

Do you have a problem with Japanese Knotweed?

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In the recent landmark cases of Waistell v Network Rail Infrastructure Limited and Williams v Network Rail Infrastructure Limited, it was decided by the Court that an individual can bring a claim for actionable private nuisance if they have Japanese Knotweed...

Commercial Dispute - Litigation of Settle?

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In any litigation particularly that of a commercial nature the parties always need to be mindful of the potential for settlement. Settlement gives the parties control over the outcome. At trial the outcome is in the hands of the Judge. Settlement will...

Contesting a Will

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There are increasing numbers of people dissatisfied with the provision made for them by family members within their wills. More and more people are looking to challenge wills. But the vast majority of wills still pass through the probate process without...

Avoiding Construction Disputes

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Construction disputes can be very complex, time consuming and expensive. Whilst it will never be possible to completely eradicate the risk of a dispute arising some simple steps can be taken to minimise the risk. Get the contract in writing Joint...

Unfair treatment by creditors.....your rights

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Being in debt can place significant stress on a debtor’s personal relationships, professional life and even their health. However, the situation can be exacerbated if the debtor feels they are being unfairly treated by the people they owe money to. ...

Patently unfair

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What are your legal rights if somebody has stolen your idea or product? The definition of intellectual property is: ‘any type of intangible property that is a result of creativity’. This covers designs, logos, and artistic or literary, works...

Will housing market slow-down effect landlords and their tenants?

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For years, homeowners have come to expect that their property value will increase. But headlines predicting a housing slump are backed by figures that show a sustained slow-down of activity in the housing market and a dip in the rate of growth for house...

How to prove you have been the victim

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According to the Office for National Statistics most recent report on crime in the UK, there has been an unprecedented rise in the number of computer crime and identity theft incidences. The 2017 crime statistics survey estimates that there were 3.4 million...

Can't pay - Can they really take it away?

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The popularity of programmes showing the daily workings of high court enforcement officers has thrown into sharp relief the sheer amount of personal debt in the UK today. According to figures released by the Money Charity, it’s estimated that the...

Christmas caution on sharing personal information

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Christmas Day has been the biggest day of the year for online and app downloads in recent years, as users set up the new devices they’ve received as presents, and 2015 is expected to maintain the tradition. Apple announced the billionth download from...

New thresholds for bankruptcy petitions

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On 1 October 2015, the threshold debt needed for creditors' bankruptcy petitions was raised. On the above date the Insolvency Act 1986 (Amendment) Order 2015 amends section 267(4) of the Insolvency Act 1986. The effect of this is that the threshold debt...

Assured shorthold tenancies: changes to section 21 notices

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Landlords should be made aware of changes to the section 21 notice procedure that came into force on 1 October 2015. They place further restrictions on when a landlord can serve and enforce a section 21 notice in relation to residential properties let on...

Data protection and direct marketing

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Businesses that use and rely on third party marketing lists should take note of a First-tier Tribunal (Information Rights) decision relating to breach of the Privacy and Electronic Communications Regulations 2003. The tribunal upheld the Information...

Sanctions for copyright infringement

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Two recent cases provide warnings to businesses on the sanctions that can be imposed for copyright infringement: In the first case, the High Court passed a 28-day custodial sentence suspended for 12 months on a nightclub owner for copyright infringement....

Consumer Rights Act 2015: Remedies

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This article seeks to explore the remedies available to consumers under the Consumer Rights Act 2015 which came into force in October this year. The CRA sets out the remedies to consumers in a tiered approach. It is expected that this simplified procedure...

Supreme Court reassesses remedies in nuisance cases

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The move which will be greeted with relief by developers, who have long been nervous about the potential for injunctions to be granted against them preventing the progress of their project or requiring them to demolish their work. This particular case...

British Music Industry successfully sink online pirates

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The Internet Service Providers (ISP’s) were asked to take this action in accordance with a court order successfully obtained by the BPI which represents the British music industry. This follows similar orders made against high profile sites such...

Out of Court settlements on the increase

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This could be a result of costs budgeting as parties see the potential overall cost of litigation at an early stage. Judges and litigators have found that many cases have settled after the parties see the costs budgets. The fact that open and early costs...

Sainsbury's v Tesco: price comparison feud may go to court

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The dispute originated when Sainsbury’s took umbrage to Tesco’s Price Promise Campaign whereby customers are encouraged to compare product prices with rival supermarkets. In the event that a comparable product is found to be cheaper...

The Court of Appeal has recently found that a party's failure to respond to an invitation to mediation amounts to unreasonable conduct.

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The above case settled with the claimant accepting at the last minute the defendant’s part 36 offer. However, the defendant had previously failed to respond entirely to an invitation to attend mediation leading the court to impose a costs sanction that...