Architecture. Whilst a laudable profession, is not one in which mistakes never happen. However, what are the extent of those mistakes? Well, that depends upon the particular circumstances. However, recently, the High Court (Martin Bowdery QC ((the Judge)) to be...
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Money talks: Considerations before issuing a debt claim
It can be extremely frustrating when someone owes you money. However, many people are quick to throw themselves into the idea of suing someone for the money that is owed to them. It is worth considering the following before taking legal action and issuing a debt...
Professional negligence: claim against a barrister
Among professionals, barristers are some of the most highly trained, and their knowledge of the law is extensive. You should expect their expert skills, representation and knowledge to be used in your case, whether you have instructed them under the direct access...
Where’s my money? Recovering unpaid debt
Are you owed a significant amount of money? Reports show that 9 million people in the UK are in serious debt and the average UK household debt is now at a record of £13,000! So with this increase, how do you recover what is owed to you? We look at the steps you need...
First things first: The letter of claim
If a professional you have instructed has been negligent, you can sue them in order to recover any losses which their negligence has caused you to suffer. However, it is not always necessary to issue court proceedings in order to recover your losses. It is often...
Case update: What is accidental damage?
Most buildings insurance policies will insure the owner against ‘accidental’ damage to the property. The Technology and Construction Court (TCC) has recently had to consider what amounts to accidental damage. The case, which concerned a property in Leeds, was Leeds...
With friends like these… Professional negligence and free advice
The Court of Appeal’s recent judgment in Lejonvarn v Burgess and Another [2017] EWCA Civ 254 decided that the Technology and Construction Court (TCC) had correctly found that a professional consultant owed a duty of care in tort for services that she performed...
Misuse of a Deceased’s Money
Unfortunately, probate disputes are becoming increasingly common. Particularly claims which arise from the misuse of a deceased’s money prior to their death. Such claims generally relate to an elderly individual (perhaps with a degenerative condition) who relied upon...
Boundaries – Your Questions Answered
I heard that every house owns the fence on its left side. Is this correct? This is not correct. Unfortunately there is no hard and fast rule as to who owns which boundary. How do I find out who is responsible for the boundary fences? The first step would be to look at...
Case update: BALFOUR BEATTY REGIONAL CONSTRUCTION LTD v GROVE DEVELOPMENTS LTD
Yesterday the Court of Appeal heard the case of Balfour Beatty Regional Construction Limited (“BB”) v Grove Developments Limited (“Grove”). Grove was a property developer who had engaged BB as a contractor to design and build a hotel and apartments. The dispute...
Legal update: Professional Negligence adjudication scheme re-launched
It is not widely known that a professional negligence adjudication pilot scheme was re-launched earlier this year, giving people with claims against professionals an alternative to issuing court proceedings. The scheme is based upon the construction adjudication...
Top 5 tips for a money claim
Ensure you have the right party When you issue a claim to recover a debt, it is imperative you pursue the correct party – if it is a company you will need to check companies house to ensure that you have the correct registered name of the company, trading names can...
Marks & Spencer v BNP
In the case of Marks & Spencer v BNP Paribas Services Trust Company (Jersey) Ltd and another [2015] UKSC 72. Marks & Spencer were granted a lease by BNP - from 20 January 2006 to 2 February 2018 - for a property in Paddington, London. The Terms of the Lease...
Boxer, writer and … debt collector?
This week, Wakefield legend Sean McHale takes a look at one of the most notorious and complex characters to hail from the area - Paul Sykes. Polymath? Remarkably, Paul Sykes attracted the following critiques: Literary genius; Bully; Alcoholic; Talented storyteller;...
Statutory Demand | Debt Recovery
Does a Statutory Demand need to be reissued if it is withdrawn? But the debt remains unpaid… Why would I reissue a statutory demand? You can serve a statutory demand upon a company who has not paid your invoice. The company upon receipt of the statutory demand has...
Storm Barney, Yorkshire – Flood Claims
There she blows! This weekend the UK was thrown into a sodden chaos following the arrival of Storm Abigail! Torrential downpours on Sunday evening resulted in misery and despair with thousands being affected by: Transport delays; School closures; Road accidents; and...