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Understanding the effect of making a Part 36 Offer
Posted: 12th July 2023
The courts encourage methods chosen to resolve a dispute before it reaches court which are collectively referred to as Alternative Dispute Resolution (ADR). One option to parties to settle a claim before going to court is a ‘Part 36 offer’. This is a form of offer used to settle all or part of a dispute between […]
Relief from sanctions
Posted: 25th April 2023
A sanction is an adverse consequence imposed on a party for failing to comply with a rule, practice direction, or a court order. Sanctions can arise following a court order as a result of an unless order or imposed by the rules or practice directions due to a failure to take a particular step as […]
Limitation for Claims
Posted:
When bringing a claim, claimants are subject to limitation periods depending on the type of claim brought to the court. Any claim action must be issued within the relevant timeframe and failing to do so would give the defendant a way to raise the defence of limitation. For example, the following limitation periods apply: six […]
Lease forfeiture moratorium extended until March 2022
Posted: 10th August 2021
As a result of the government’s Covid-19 measures, landlords found themselves in the position of facing the lease forfeiture moratorium for arrears being extended through to the 25th March 2022. When extending the deadline, it was also stated that a new alternative means of resolving disputes in the landlord and tenant sector would be introduced […]
First time instructing a litigation solicitor? Your checklist of what to provide
Posted: 6th July 2021
We appreciate that when you first approach a litigation solicitor for advice it can be daunting and difficult to know how much to tell them in order that they can confirm if they can help and advise you further. During your first call to us, we shall ask the questions that are pertinent to your […]
Will Dispute: Testamentary Capacity
Posted: 11th May 2021
The case of Clitheroe v Bond is a dispute between two siblings concerning the validity of two Wills executed by their late mother. The question for the Court was whether their late mother died intestate or whether the Wills executed were valid. If the latter, it would mean the entire estate, comprising of £400,000.00, would […]
Once a Personal Representative has been appointed they cannot be removed – or can they?
Posted: 5th March 2021
What is a Personal Representative? Personal Representatives are individuals who have legal authority and responsibility to administer a deceased’s estate. There are two types of Personal Representatives; an Executor and an Administrator. An Executor is appointed under the last Will and Testament of a deceased. In absence of such a document, then an Administrator is […]
How do I prepare for Mediation?
Posted: 2nd March 2021
A mediation is a great opportunity to resolve a dispute quickly and cost effectively. It is important to be as prepared as you can to make the most of the time available. Considering that a court case can take not months but years to reach trial, the advantage of a resolution within a day is […]
Disputing a Franchise Agreement
Posted: 3rd February 2021
Entering into a franchise agreement is an exciting time. The promise of what is ahead with commercial returns for both the franchisor and franchisee leading both parties to enter into the relationship on an understandably enthusiastic basis. From such a positive start, the dynamics can change as the business relationship unfolds with disputes surrounding the […]
7 Tips to get you through a Dispute
Posted: 21st January 2021
Disputes happen and how the initial stages of the dispute are handled can impact upon how quickly and cost effectively you can resolve the problem. The following can make all the difference:- Tip 1) Get the facts – not opinion – the facts It is normal when a dispute arise for those involved to tell […]
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