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Dispute & Litigation Law News

 

Finders Keepers?

Justin Emerson
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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 specifics. ...

Price wars: How not to become a casualty

Justin Emerson
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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?

Justin Emerson
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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

Justin Emerson
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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 to avoid contractual disputes''

Michael Callaghan
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Parties often find themselves in contractual disputes with customers or third parties. Whilst to some degree this is unavoidable, there are a number of tips that can be used to either minimise the possibility of a contractual dispute arising or to ensure...

How businesses are using Company Voluntary Agreements

Justin Emerson
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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

Justin Emerson
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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?

Justin Emerson
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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?

Justin Emerson
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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...

Forgive us our trespassers

Michael Callaghan
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It is the time of year when land owners will particularly experience problems with groups of travellers who will turn up on agricultural land and involve the land owner in considering its options as to how to regain possession of the land as quickly as...

Commercial Dispute - Litigation of Settle?

Justin Emerson
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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...

Dreamvar (UK) Ltd - Court of Appeal (May 2018)

Michael Callaghan
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The Court of Appeal issued in mid-May 2018 an important Judgment in the case of Dreamvar. This provides that Solicitors representing a fraudulent party acting for a vender of a property should share some responsibility along with those representing the duped...

Contesting a Will

Justin Emerson
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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

Justin Emerson
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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

Justin Emerson
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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. ...

A Landmark Decision -

Michael Callaghan
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Adrian Howard Munday v The Trustees of the Sloane Stanley Estate On 24th January 2018 the Court of Appeal made a landmark ruling in the case of Adrian Howard Munday v The Trustees of the Sloane Stanley Estate.  In spite of sustained legal arguments...

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

Justin Emerson
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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

Justin Emerson
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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?

Justin Emerson
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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...