Category Archive: Dispute Resolution

Why you should make a Will and LPA if you are buying a property

Buying a property?  It’s time to make a Will and an LPA. If you are buying a property, you should make or review your Will and Lasting Power of Attorney (LPA) for the following reasons: Property is one of the biggest assets you will own so it’s important to consider who you want to inherit…

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How to prepare for a financial dispute resolution hearing

If you are going through a divorce, you need to ensure that a financial order is made to prevent claims against you in the future. A financial dispute resolution hearing is a private court hearing at which you and your former partner will try to reach an agreement over issues such as property, finances and…

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Dealing with a family business in a divorce

If you or your spouse has an interest in a business, there will always be arguments as to whether or not this should be taken into account during a divorce and treated as a matrimonial asset. If you have been in a long marriage, then the law aims to divide assets equally. This can be…

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Do I Need to Protect My Tenant’s Deposit Through a Tenancy Deposit Scheme?

Securing a small sum to cover dilapidations to a Property during a Tenancy has been standard practice for Landlords for as long as there have been Tenancies. Typically, this sum would simply be held by the Landlord or their Agent, to be returned to the Tenant on the condition that the Property was returned in…

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The rights of Tenants Q&A

With the prospect of becoming a homeowner remaining out of reach for many in England and Wales, more people are choosing to rent rather than purchase a property. But what rights do renters have when it comes to repairs on a property? And what can they do if their landlord decides to increase the cost…

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Long Leaseholders Ignore the Terms of Their Leases At Their Peril!

Many long leaseholders mistakenly believe that they have much the same rights as freeholders and can do pretty much what they like with their properties. As one case strikingly showed, however, ignoring the terms of your lease can put both your home and your investment at risk. Outline of the Case The case concerned a…

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High Court Rules on Farming Dispute – Binding contract or Agreement to agree?

When deciding whether a document is a binding contract or merely an agreement to agree, the guiding principle is whether the terms are sufficiently clear and certain to be enforceable in practice. In an instructive High Court case, that test was met by a handwritten note made by a mediator in the context of a…

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What is a Liquidated Debt?

Only liquidated debts, for specific amounts which have been ascertained fully and finally, can form the basis of bankruptcy petitions. As a High Court case shows, discerning which debts fall into that category can be far from straightforward. Outline of the Case The case concerned a businesswoman who had engaged in joint ventures to build…

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