Managing conflict in family businesses

Directors are concerned with the running of a business day to day. Shareholders are owners of a...

Health and safety law(s) in construction

Health and safety is an obvious concern across all industries. It’s of particular...

Health and safety offence sentencing guidelines

In the event the HSE elects to proceed with enforcement action by way of prosecution against the...

How to avoid common pitfalls in your construction project

The judgment Cartwright Pond Ltd v Wild [2021] EWHC 1600 (TCC)   highlights key issues...

Disputes between homeowners and building contractors

As an Associate Solicitor specialising in dispute resolution and construction law, I am often...

Does your contract cover prior works?

I was once asked to assist a client to draft the construction contracts for a number of projects...

Defending adjudication: How to avoid common pitfalls?

Adjudication has been successful in overcoming problems previously associated with resolving...

If I lose capacity, who will manage my affairs?

  If you lose capacity and you have not appointed an attorney under a Lasting Power of...

Brunt V Wrangle retrial

Birkett Long is delighted to have secured a retrial after a successful appeal in the case of Brunt...

Brexit: thinking of entering into dispute proceedings?

The transition period ended on 31 December 2020, the transitional arrangements in the Withdrawal...

Protecting directors in financial difficulties

Directors of limited companies enjoy the benefit of limited liability. However, directors can...

Protecting your business from bad debts

What is a bad debt? A bad debt occurs when a client owes money for a service or product provided...

Remote witnessing of wills during COVID-19

Times have changed since the Wills Act came in during the late 1800s and, in particular, during...

Who pays the legal costs following a will dispute?

A common misconception is that the legal costs always come from the estate when someone challenges...

Can you dispute a will or the inheritance you receive?

Unhappy about the amount of inheritance you are due to receive? Will you not receiving...

How can I challenge someone's capacity to make a will?

People can often be surprised about the distribution of loved one’s estate and can consider...

Can a company in liquidation recover outstanding payments?

The case of Bresco Electrical Services Ltd (in liquidation) v Michael J Lonsdale (Electrical) Ltd...

Concerns for business tenants during lockdown

Following the Prime Minister’s speech on 23 March 2020, only essential business and...

Know your rights

The Government has issued a new consultation paper which could indicate the end of Assured...

Keep your cash flowing

We have seen an influx of commercial clients contacting us in relation to their longstanding...

Essex Law firm Partner celebrates 20 years with the firm

Keith Songhurst, 44, a Partner and solicitor specialising in dispute resolution, is celebrating 20...

Essex lawyer's journey from secretary to solicitor

Tracy England has been admitted to the Roll of Solicitors of England and Wales. It is extra...

New solicitor joins the dispute resolution team

Birkett Long is pleased to welcome Laura Meers to our Dispute Resolution team. Laura will be...

Common law husband or wife

There is no such thing as a common law husband or wife. Many people are left in a difficult...

Trainee qualifies into Dispute Resolution team

A trainee solicitor at leading Essex law firm, Birkett Long, has seen his hard work and commitment...

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, a 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...

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...

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...