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How to Choose a Venue for Mediation
Posted: 20th March 2020
There are some key criteria to consider when selecting a venue that can help a mediation run smoothly. Is a neutral venue preferable? If the parties have solicitors or barristers representing them, often a mediation can take place at one of their offices. It’s often the cost effective option and therefore makes sense but there […]
In the wake of the Coronavirus pandemic, reviewing your Contracts is more important than ever
Posted: 17th March 2020
Key task for now…and in the future The first task for any business is to review their contracts and these may vary depending upon whether your company negotiates a bespoke contract for each business relationship. The second job, is to ensure that any contract you are entering into from now on has a wider drafted […]
Can I force a co-owner to sell?
Posted: 6th March 2020
Yes. The Trusts of Land and Appointment of Trustees Act 1996 is an Act of Parliament which is otherwise known as “TOLATA”. This Act gives the Court powers to resolve disputes regarding the ownership of property and land. There are a number of reasons as to why an individual may choose to issue a TOLATA […]
Types of contract breach
Posted: 4th March 2020
When does a breach of contract occur? It is usually as a result of one of the following:- There has been a failure to deliver goods or services There has been a failure to make a payment within a specified time frame Work carried out, goods delivered or services provided have been defective A party […]
Are automated email signatures valid in forming a contract?
Posted: 30th January 2020
The answer it seems is: Yes. In the case of Neocleous & Anor v Rees 2019 EWHC 2462 (Cn), the Court considered an automatically generated email footer and whether this constituted as a valid signature. Emails were exchanged between the parties’ respective solicitors relating to the terms of settlement for a dispute about a right […]
Severing an Adjudicator’s Decision: Construction Industry
Posted: 22nd January 2020
Adjudications are a quick method of resolving construction disputes and enabling the parties to move on with a continuing project, or simply put the past behind them and focus upon new projects. They are however occasionally challenged when one of the parties believe that the law has not been properly applied to the circumstances. As […]
It might be cold outside, but the Court of Appeal is freezing…
Posted: 20th January 2020
Freezing Injunctions are the means of preserving assets that are at risk of becoming moved out of reach and dissipated. In the case of Lakatamia Shipping Company Ltd v Morimoto 11 December 2019 [2019] EWCA Civ 2003, Haddon-Cave LJ provided guidance on the approach the Courts should adopt when facing an Application for a Freezing […]
Can a beneficiary pursue me for refusing to pay their Inheritance?
Posted: 15th January 2020
In short and simple terms – yes. If you are named as executor in a deceased’s Will and you choose to take up such a role, you have certain responsibilities and duties, which are imposed in law. In a recent case David Loveday was appointed executor under the late Anita Border’s Will. The terms of […]
Once I inherit my money, that’s it – right?
Posted: 10th January 2020
Not necessarily. The Court of Appeal recently held that £2.2 million paid to Hilary Harrison-Morgan had to be repaid after she inherited it from her late ex-partner and co-habitant’s estate. The late Dr Kahrmaan started a relationship with Hilary Harrison-Morgan and once this developed they began to cohabit and then later had twin sons together. […]
AML Money Laundering Changes – 10th January 2020
Posted: 8th January 2020
In a last minute dash, the Money Laundering and Terrorist Financing (Amendment) Regulations 2019 were made on 19 December 2019 and came before Parliament the following day. The new Regulations apply from 10 January 2020 in line with the implementation of the Fifth Money Laundering Directive. What are the changes? The following are some of […]
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