Mastering the Mediation Joint Meeting: Your Opening Statement
Whilst never coming across anyone who looks forward to a mediation, the part most dreaded is the staring across the table at “the opposition” and verbally presenting an opening statement. It is however a really good opportunity to explain the impact th …
Dispute? Your duty to preserve evidence
Author: Sarah Canning, Head of Dispute Resolution In accordance with the law of England and Wales, as soon as litigation is contemplated the Court rules require the parties to preserve evidence relevant to the dispute. As methods of communication and d …
Do liquidated damages for a construction delay always apply?
Construction contracts often include a clause providing for liquidated damages for delay. This requires the contractor to pay a rate of pre-agreed delayed damages called “liquidated damages” to the customer / employer in such circumstances as to when t …
Top 10 issues if you don’t make a Will
A recent article prepared by STEP (The Society of Trust and Estate Practitioners) highlights the top 10 issues that families may face when a loved one passes away without leaving a valid Will. These issues are summarised as follows: Your estate may be …
Money Laundering – Are you compliant?
Countrywide Estate Agents have been fined £215,000 for failing to register themselves under the Money Laundering Regulations 2017. The fine was imposed by HMRC and has been the largest fine to date imposed on this basis, thus indicating the seriousness …
Do I really have to mediate?
Mediation has become a more familiar word in Dispute Resolution. In fact, it is now the case in England and Wales that as part of any formal Court proceedings, the Parties must consider Mediation and potentially face cost consequences irrespective of t …
What is a Franchise Dispute and how should it be handled?
Entering into a Franchise Agreement is an exciting time. The promise of what is ahead with commercial returns for both the Franchisor and Franchisee lead both parties to enter into the relationship on an understandably enthusiastic basis. From such a …
Is Your Oral Contract Enforceable?
The Supreme Court has overturned the decision of the Court of Appeal and found that an Oral Agreement between an Estate Agent and the Seller of a property was enforceable even though it did not expressly specify the event that triggered the Sellers obl …
Housing Market to have a new Housing Complaints Service
Both homeowners and tenants will now be able to have access to a complaints scheme when things go wrong. This is the first such scheme for private lettings and requires all private landlords to join the housing redress scheme. There will be a fine of u …
Indemnity or Compensation – what is an agent entitled to on termination of their agency?
An agent’s rights on termination of a commercial agency are extensive. The position is governed by the Commercial Agents (Council Directive) Regulations 1993 which impose strict obligations upon both a principal and agent. Unless certain regulations ar …
