Category Archive: Dispute Resolution

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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Financiers – always put your deals in writing!

One would have thought that sophisticated financial professionals engaged in high value deals would have the sense to get their agreements recorded in writing by a professional. However, that is sadly not universal practice and a High Court case illustrated the kind of disputes to which such failures can give rise. Outline of the Case…

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How we help and support our clients – Q&A

We participated in Solicitors Chat on Twitter this morning about how they give clients peace of mind by providing expert legal advice during what can be a stressful time. Our Litigation Solicitors, Alex Lyttle and James Melvin-Bath, gave us an insight into their day-to-day tasks as a Solicitor. As a solicitor, explain to us how…

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Facing Court action? Don’t bury your head in the sand!

If you are facing court proceedings, burying your head in the sand is the worst option you can take.  You should consult a lawyer immediately. In this case, a pair of business people who failed to take that sensible step were stripped of valuable shareholdings and had their behaviour criticised by the trial judge. Outline…

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Houses in Multiple Occupation – Landlords, Do You Know The Law?

The question of what is and is not a house in multiple occupation (HMO) is far from straightforward to answer, as a recent decision of the First-tier Tribunal (FTT) showed. It was held that landlords who fail to take legal advice on the issue can be hit in the pocket after unwittingly breaching the law….

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