Litigation and Dispute Resolution

Your rights when choosing a school to be named in an EHCP

Choosing a school or educational setting that can meet the needs of a child or young person can be a difficult task. However, the right to choose is underpinned within the legal framework of the Children and Families Act 2014 ( CAFA) and the Education Act...

Directors Disqualification Following Conviction

Director’s Disqualification – The Criminal Law Regime Separate identity of Company It is a well-established legal principle that a company is a distinct and separate ‘person’ from its officers. With this in mind, it does not...

My family business is being ruined by disputes. What can I do?

This article is written for family businesses who are in the middle of a dispute and where swift action is required. If your business is going through a dispute but it is not yet at this stage, you may benefit from reading “ Mediation, arbitration...

Increased burdens for residential developers

The Building Safety Act 2022 (BSA), which received Royal Assent on 28 April this year, introduced measures that place additional burdens on residential developers. The Act aims not to make life more difficult for developers, but to make dwellings safer,...

Extending time to make a claim

The Grenfell Tower fire has resulted in reviews and consultations that aim to increase safety in dwellings, particularly in high-rise flats. On 28 April 2022, the Building Safety Act 2022 (“BSA”) received Royal Assent; it makes significant...

The sources of development finance

I work with a number of property development clients who take different approaches to development finance. As a consequence, I’m frequently asked to review the terms of finance arrangements to ensure that my client understands the legal implications...

Challenging an adjudication award: a breach of natural justice

When it comes to challenging an adjudicator’s decision, the losing party’s options are limited; they will either need to show that the adjudicator had no jurisdiction to make the decision or that there was a material breach of the rules of...

Managing conflict in family businesses

Directors are concerned with the running of a business day to day. Shareholders are owners of a business who make important decisions in relation to the company. How those decisions are made can all be outlined within a confidential document called a...

Health and safety law(s) in construction

Health and safety is an obvious concern across all industries. It’s of particular importance within the construction sector, given the scope of work and nature of activities undertaken, and, in particular, the associated risks that naturally...

Health and safety offence sentencing guidelines

In the event the HSE elects to proceed with enforcement action by way of prosecution against the company (and/or directors) for alleged breaches then the charge(s) are usually by virtue of:  failing to comply with the general overarching duties...

How to avoid common pitfalls in your construction project

The judgment Cartwright Pond Ltd v Wild [2021] EWHC 1600 (TCC)   highlights key issues that a building contractor and a homeowner should consider at the procurement stage, including: 1.   Appoint independent professionals You should appoint...

Disputes between homeowners and building contractors

As an Associate Solicitor specialising in dispute resolution and construction law, I am often instructed to advise on disputes between homeowners and building contractors.  The tension between the parties usually escalates, resulting in either the...

Does your contract cover prior works?

I was once asked to assist a client to draft the construction contracts for a number of projects they were undertaking. I asked them when they were intending to start the building works on the different projects, only to be informed that the building works...

Defending adjudication: How to avoid common pitfalls?

Adjudication has been successful in overcoming problems previously associated with resolving construction disputes, which largely focused on the holding up of cash flow and the time taken to resolve matters.  Adjudication has proven to be a popular,...

The dangers of falling foul of the overriding objective

The Jackson reforms, aimed at controlling the costs of civil litigation and improving access to justice, were implemented in April 2013. In the run up to the reform’s implementation, the Court of Appeal made it clear there would be an increased focus...

"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 lawyers to assist in recovering debts or pursuing claims, or in defending such claims, due to their perception of the high cost involved.   I’m not...

Dilapidations - tips for tenants when moving premises

The natural tendency when a business moves is to focus on the new premises.  However, when a lease comes to an end a tenant will usually face a claim from their landlord for the cost of repairs and redecoration necessary to put the property into the...

Can you afford to sue?

It is often said that the only winners in litigation are the lawyers!  A new funding approach may help. It is true that resolving disputes can cost a lot in legal fees but to resolve  a dispute or obtain justice incurring these costs is...

Does an employee have to inform a new employer of litigation with an old employer?

The question has often been asked whether an employee has to inform their new employer about any claims they are against their previous employer. Both the employment tribunal and the employment appeal tribunal (EAT) had an opportunity to consider this point...

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 is not always possible. There are down sides to owning your own access, such as the costs of maintaining and repairing it and preventing trespass, so when...

Can an MD suspend the Chairman?

In most companies, it is commonly accepted that a Managing Director will not have the power to suspend a Chairman, due to the Chairman’s arguably more senior role.  In the case of Smith v Butler (2012) the Chairman, Smith, owned 68.8% of the...

Cyber security - Is your business protected?

In a world where the number of websites, e-mails and electronic files increases on a daily basis it has never been more important to protect your business against threats to cyber security. For that reason the government has published advice for...

Be aware - a company can be guilty of harassment!

Recently the court in Kosar v. Bank of Scotland Plc T/A Halifax [2011] has again confirmed that a company can be guilty of harassment under s.1 of the Protection from Harassment Act 1997 (the Act).  The key wording here is “A person must not...

Lifes inevitabilities

The fact that you will need a funeral is one of life’s inevitabilities.  However, the cost of even the most basic funeral is out of reach for many people.  Funeral costs have risen, on average, by 7.32% per annum over the last five years...

The rise of fraudulent compensation claims

With the political spotlight on the so called “compensation culture” and numerous news stories appearing in the press about “crash for cash” road accident claims, the courts are showing a greater appetite for giving prison sentences...

Boundary Dispute Resolution

Boundary disputes often erupt from the smallest of disagreements but can become major issues for those concerned. Where disputes arise over almost valueless pieces of land but the parties involved decide that the outcome is a matter of principle,...

Cotswolds company to appear in first corporate manslaughter trial

Cotswold Geotechnical Holdings will be involved in the first ever corporate manslaughter prosecution, taking place in Bristol Crown Court next February. The company has been charged with offences under the Corporate Manslaughter Act and Corporate Homicide...

Consumers 'being shammed by rogue motor traders'

Rogue traders who scam sellers of second-hand motor vehicles are being targeted by the government. Mike Haley, director of consumer protection at the Office of Fair Trading, said some car sellers have fallen victim to cold calling from rogue traders, who...

Mydeposits.co.uk launches online deposit claim service for tenants

An online dispute service has been launched to make it simpler for tenants to make deposit dispute claims. Mydeposits.co.uk, which provides an insurance-backed tenancy deposit protection scheme, has launched the online service. It is the first of its kind. ...