18
Nov 11

Buy a house by email?

Commonsense says that it shouldn’t be possible to have a binding contract to buy a house or other land by email, but this may be possible in law. The legal requirements for a binding contract to buy/sell land are a written document incorporating all the terms agreed by the parties, and signed by all the parties – and Judges have already decided that typing your name on a string of emails can in law be treated as signing to this same extent as having signed a hard copy of the document.   Read the rest of this entry »

18
Nov 11

What are Part 36 Offers?

The law has recently changed in respect of Part 36 of the Civil Procedure Rules from 1 October 2011.

The changes overrule the decision of Carver v BAA plc [2008], which ruled that because the Claimant had only just beaten a Part 36 offer, he had failed to obtain a judgment which was “more advantageous” within the meaning of CPR 36.14, and the Defendant was awarded its costs from the date the offer expired.   Read the rest of this entry »

7
Nov 11

What are Lasting Powers of Attorney?

A Lasting Power of Attorney is a legal document that allows you to appoint another person to make decisions about your welfare, money or property.   The Lasting Power of Attorney (LPA) can be used at any time when and if you are unable to make your own decisions, or if you simply decide that you no longer wish to make decisions for yourself. Read the rest of this entry »

7
Nov 11

Problems with flat service charges and management

Who do you know that feels they are paying too much service charge on their flat and is doing nothing about it ?  I came across a client the other day who had received service charge accounts showing a yearly electricity charge for a block with ten light bulbs of £360.00 – and that was just the start of the overcharging! Read the rest of this entry »

3
Nov 11

Claimant Solicitors to have access to your claims history ... Beware the fraudulent claims bringer!

In the current economic climate it may be tempting for you to fabricate an accident in order to be able to bring a claim for personal injury compensation or perhaps damage an expensive item of furniture or accidently on purpose lose your diamond necklace!

It will soon be possible for Claimant Solicitors to access the same records about a person’s claims history that the insurance industry have access to.   Read the rest of this entry »

3
Nov 11

Fight Against Legal Aid & No Win No Fee Agreement Cuts

You will no doubt be aware from various articles in the newspapers and news items on your TV that the government are intending to implement a number of different reforms affecting the funding of legal work.   Read the rest of this entry »

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27
Oct 11

Seller Beware

It is common knowledge when buying a property that thorough searches and investigations need to be made, with particular attention being drawn to the physical condition of a property, the legal title to the property and any other general aspects associated with the purchase, such as the position of boundaries, whether or not the boundaries have been moved, previous disputes and environmental issues. Read the rest of this entry »

27
Oct 11

The Importance of Making a Will

Many of us will have seen or read the latest news from the BBC regarding the importance of making a Will and the heartache and suffering that can be caused by dying intestate (without a Will).  Statistics say that 7 in every 10 people in the UK do not have a Will.

So why is it so important?  Well if you are unmarried but have children and your partner dies you may not inherit.  Read the rest of this entry »

25
Oct 11

Duty to Mitigate Loss in Employment Claims

In both civil and employment claims a Claimant is expected to take all reasonable steps to mitigate their loss.  Mitigation essentially means trying to avoid or minimise your losses.  In employment claims it would be up to the Tribunal to decide on the facts before it, as to whether the Claimant had done this.

It is up to the Respondent to prove to the Tribunal by providing evidence that the Claimant had unreasonably failed to do so.  It would not be sufficient for the Respondent to prove that there were reasonable steps that the Claimant could have taken to mitigate his/her losses, but that the Claimant did not do so.  The Respondent would have to prove that the Claimant was acting unreasonable by not taking those steps. Read the rest of this entry »

21
Oct 11

Help! I have been made redundant

If you have been made redundant or are currently under consultation within a redundancy process you may be offered a Compromise Agreement by your employer when your contract of employment has been terminated.

A Compromise Agreement is a legally binding agreement within which you accept a redundancy payment in full and final settlement from your employer.  In return you waive your rights to bring a claim against your employer in a Tribunal.   Read the rest of this entry »