The QOCS rules have been fundamentally changed for all cases issued after 6 April 2023. These changes will affect claimants and the way they pursue their claims. “QOCS” stands for Qualified One-Way Cost Shifting, a legal term used in litigation. It’s a rule that limits the responsibility of a losing claimant in a lawsuit to…
With widespread economic uncertainty and potentially difficult times ahead, commercial legal expert Jaron Crooknorth and disputes expert Alex Lyttle look at how to make sure your business is in the best possible shape to weather approaching storms. Jaron and Alex are both partners at Gloucester law firm Tayntons, where they head up the Commercial and…
If you are planning on living with your partner but will not be married, you are advised to make sure that your interest in any shared property is protected. Unmarried individuals have far fewer rights than those who are married and there is a risk that, even if you contribute financially towards the purchase and…
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…
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…
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…
With an end to COVID-19 restrictions finally in sight, employers are gearing themselves up to welcoming their staff back to the workplace. For most of your workers, it will be a welcome return to the old routine of working in a shared space, interacting with colleagues and experiencing a proper division between the workplace and…
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…
When purchasing a property with a spouse or partner, it is common for the ownership of that property to be held as Joint Tenants as this effectively recognises that this is a joint commitment. But what does this mean? The legal implications of purchasing a property as Joint Tenants are as follows:- you hold equal…
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…
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…
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…
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…
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…
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…
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…
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….
With the internet being accessible by more or less everyone, basic legal claims can seem straightforward. Although this is often the case, the Claimant can encounter problems with the Court process. When issuing a claim, the Claimant will submit a claim form including a document setting out the factual and legal circumstances of the dispute…
Credit card companies are subject to a six-year time limit in launching proceedings against defaulters, but when exactly does that period begin to run? The Court of Appeal has answered that question in an important ruling for debt recovery specialists. The case concerned a man who was alleged to have defaulted on monthly payments after…
Third party debt orders can be a powerful means of enforcing judgments, but how do they affect funds held in solicitors’ client accounts? The High Court considered that issues in a guideline case concerning an alleged financial fraud. What happened? Two companies and an individual launched proceedings against a businessman. They alleged fraud in connection…
When money passes between family members without legal advice, it is only too common for disputes to arise as to whether the sums concerned were meant as gifts, or something more. A recent case reflected this. A mother and son ended up at loggerheads over ownership of properties worth £800,000. The case concerned a flat…
Buying and selling businesses can be a highly complex matter and dispensing with legal formality is a positive invitation to trouble. The point could hardly have been better made than by a High Court case concerning the ill-fated purchase of a fish and chip shop which culminated in threats of violence. Following informal discussions, a businessman…
Buying a property at auction can be hazardous and should never be attempted without instructing solicitors to carry out all the necessary checks. In a case highlighting this point, a father and son bought a former council flat for over £200,000, without knowing that the number of its bedrooms had been doubled without the required…
Collecting debts can be a long and arduous process, but bankruptcy proceedings are often an effective means of bringing matters to a head. That was certainly the case where one businessman tried, but failed, to avoid bankruptcy in respect of a judgment debt totalling more than £16 million. He ran a professional firm and had…
You are entitled to object to your neighbours’ building plans, but wise homeowners always seek professional legal advice before doing so. In one case, a homeowner (“Objector”) who opposed construction of an extension to a neighbouring property ended up being ordered to pay his neighbours in excess of £20,000 in damages. The Objector believed that…
Whether it’s some lose change or funds towards a larger purchase the majority of us have at some point leant or been leant funds from a friend or family member. Whilst the majority of these transaction are of small value and easily written off, larger transactions can easily lead to disputes that may damage relationships….
To contact us please call 0800 158 4147 or 03330 145451 or email info@tayntons.co.uk
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