Disputes and Court Proceedings Articles

Property litigation sector update - May 2016

In the recent case of Timothy Taylor Limited –v- Mayfair House Corporation Limited the High...

What is a trust?

Trusts are created to deal with a variety of situations, such as for the benefit of a vulnerable...

What are the duties of executors?

The family of the comedian and actor, Robin Williams, was in court recently in a dispute about his...

Court fees - yet more increases on the way

The title of this article may invoke a feeling of déjà vu or you may think that we...

Changes to debt threshold for certain recovery actions

From 1 October 2015, the minimum debt threshold for service of a Statutory Demand on an...

High Court scheme targets one-year litigation

On 1 October 2015 a judge-led reform was implemented in the High Court. The Shorter Trial scheme...

Court of Protection appoints deputy living in the USA

A contested application has been heard in the Court of Protection concerning an elderly lady...

The dangers of falling foul of the overriding objective

The Jackson reforms, aimed at controlling the costs of civil litigation and improving access to...

Adjudication can get you paid

As everyone is now well aware, following the correct valuation process for payments due under a...

Construction litigation in practice

I act for a local company that is the defendant in a construction dispute.  One of its...

Ilott will dispute case back in the news

The case of Ilott v Mitson has been in the press on several occasions before but...

Cheap wills could turn out to be very expensive!

At the start of 2015 The Law Society launched its ‘Use a Professional’ campaign. ...

"Lawyers are expensive" and "litigation costs a fortune"

As a dispute resolution lawyer I am all too aware that people are often deterred from instructing...

Legal expert backs calls for action on drink drivers

A solicitor and advocate with Essex law firm Birkett Long, who specialises in defending clients on...

Legal Update: Beware - Bear Scotland

Many readers will have seen coverage recently around the calculation of holiday pay for workers...

Key changes to CDM regulations

The Construction (Design and Management) Regulations 2015 (CDM2015) came into effect on 6 April...

Sell the new homes!

Once a developer starts building out a scheme, the most important step is to sell the new homes....

Health & safety prosecutions

In 2013/14 the Health & Safety Executive prosecuted 1,187 offences which led to 674 cases and...

Lawyers pay the price for failing to get a survey

Ask any property lawyer and they will tell you never to buy a house without first getting a...

Land and property expert's professional boost

Mark Wrinch is an expert at dealing with the property issues of clients on behalf of Essex law...

Where there's a will does there have to be a war?

All disputes, by their very nature, have the capacity to take their toll emotionally and...

Dilapidations - tips for tenants when moving premises

The natural tendency when a business moves is to focus on the new premises.  However, when a...

Make your 'mark' to avoid legal woes

Businesses across Chelmsford and the region are urged to protect their products or brands by the...

Plebgate MP case and budgeting for court costs

The Andrew Mitchell MP case continues its impact as further cases prove the strength and broad...

Solicitor's prestigious appointment

A solicitor with Essex law firm Birkett Long has joined the ranks of just a handful of...

Collect your debts and maximise your price

If you are considering selling your business you will be keen to maximise its value and the sale...

Commercial Rent Arrears Recovery - An End to Distress?

The remedy of distress has long been a powerful and effective weapon in a landlord’s arsenal...

Recovering what's due

Although no school will wish to resort to legal action to recover unpaid school fees, the reality...

A costly mistake

Everyone knows that a will must be signed but what happens when an error in signing affects its...

Are you aware of your roots?

It has generally been thought that landowners will not be liable for damage caused to neighbouring...

No pay? Walking off site?

Strange as it may seem, the fact that you have not been paid does not mean that you are...

Directors disqualification - new proposals

In Vince Cable’s July 2013 speech to the “Responsible Capitalism” conference...

Who is contracting with whom?

Knowing who you are contracting with should be simple.  However, on many occasions the...

Could your will be disputed?

No one wants their loved ones to squabble over their will, but these types of disputes are on the...

Birkett Long takes to Twitter for Braintree hour

Essex law firm Birkett Long is taking to Twitter to give free legal advice to the public via the...

Who is the contracting party?

Often, it can be difficult to identify contracting parties.  For example, when negotiating...

Collateral warranties might be construction contracts

In the recent case of Parkwood Leisure Ltd v Laing O’Rourke Wales and West Ltd, the High...

Can you afford to sue?

It is often said that the only winners in litigation are the lawyers!  A new funding...

Tackling the cost of whiplash claims

A recent Government consultation proposes raising the limit for personal injury claims -...

Road traffic offences

If an employee commits a road traffic offence in a vehicle registered to a company then the...

Video evidence on trial

Can employers use video evidence when they reach decisions regarding the conduct of their...

Getting your house in order

Streamlining construction projects to maximise efficiency and minimise downtime is vital in the...

Fees in the employment tribunal

From this summer, claimants who make a claim in the employment tribunal and the Employment Appeal...

Small claims - the costs issue

On 1 April 2013 there was a change to the threshold for claims in the small claims track. ...

The worm turns: Maidment v Attwood

The shareholders in a company trust its directors to run the company properly and in their...

Does LIBOR affect your interest rate?

  In recent weeks, there have been further developments in the LIBOR scandal. RBS has become...

The continuing trend to extend

The dilemma faced by many homeowners - whether to move or improve - is not a new one.  In a...

Legal facts you can't do without - Show me the money!

  In the current austere times, it is even more important than normal for companies and...

Essex solicitor warns over wills disputes

An Essex law firm is urging individuals to keep an up-to-date will prepared by a suitably...

Are you getting your retention money?

Many construction contracts contain retention clauses but it is not always easy to recover the...

When right of way is not enough

Most people would agree that it is usually preferable to own the access to your property but this...

Managed realignment

No landowner wants to lose land, but with the ability to recover loss of revenue and additional...

Libor and rate swapping

These subjects have created huge headlines recently.  They centre on the fixing of the LIBOR...

The business interview: a decade in Chelmsford

As the firm celebrates 10 years in Chelmsford, Peter Allen, head of commerical department, partner...

A year in the life of Birkett Long - what we've been up to

With our South Essex office now over a year old, working with clients and business partners is...

Disputes with building contractors

In a slow property market, many choose to extend rather than move, but homeowners seldom know what...

Behind every good law firm...is a great accounts team

The Accounts team at Birkett Long looks after the financial management of the firm - a very...

Legal world all a-Twitter

Twitter generates a lot of legal news including the vile abuse that Tom Daley received after his...

Reason for Dismissal

When an Employment Tribunal assesses whether an employee was dismissed fairly or not, it must...

Costs in the Employment Tribunal

Among the powers of the Employment Tribunal are those to award costs against a party that has...

Disciplinary procedures for staff

Have you lost trust or confidence in a member of your staff?  If so, think carefully before...

Teacher loses £5m claim after accident on school trip

Whilst on an activities week with secondary school pupils, Mr Blair-Ford, a teacher in Kent, and...

Be careful who you trust

Most people consider inheritance disputes to involve cases in which the validity of a will is...

What Do You Pay for Work After the Contract Ends?

It is very common, especially with building contracts, for work to be needed to be done by...

Public Services and Discrimination

A recent case decided by the Court of Appeal illustrates that when services are offered to the...

When the going gets tough, the tough get restructuring

Tougher economic environments often see a greater amount of restructuring within businesses,...

Cautious contracting. Prevention is better than cure

Difficult economic circumstances can often bring out the worst in human behaviour.  It may...