Disputes and Court Proceedings Articles

Dispute resolution solicitor joins Birkett Long

Law firm, Birkett Long, has announced the appointment of Perdeep Grewal as a solicitor in its...

Resolving disputes - the cost of litigation

Perdeep Grewal, solicitor at Birkett Long, considers the cost of litigation and what some law...

Is that debt really unenforceable?

You have a debt claim against Mr Smith and the balance owing is £10,000.  He refuses to...

The signs and procedures guide for landlords

With 16,502 companies becoming insolvent in 2016, it comes as no surprise that landlords want...

Could your trees cause a hazard?

Falling trees and branches can result in serious damage to both people and property. Any property...

what is the claim process?

Claims rarely go straight to court, because parties are encouraged to adopt Alternative Dispute...

Inheriting on a promise

“Without written evidence, you’re wasting your time.” So went the mantra of one...

Tinted transparency in Court of Protection

The Court of Protection made headlines last week after 71 year old Mrs Kirk was sentenced to six...

Claim settled...without even knowing!

Over the last few years a number of cases in which parties attempted to make claims have been...

Time to reconsider liquidated damages

It is common practice within the construction industry for damages to be paid by a contractor who...

Tough health & safety law could mean imprisonment

The sentences for breaches of health and safety law have become much tougher over recent years....

Getting paid for non-written instructions

Many forms of contract state that contractors or subcontractors who receive instructions orally...

Kathleen Lodemore - Medical negligence

We acted for a client who was diagnosed with breast cancer.  She underwent surgery to remove...

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 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...

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...