Dealing with a loved ones estate – where do I start?



Dealing with matters when a loved one has died can be an extremely difficult and overwhelming. In terms of their estate, there can be quite a lot to organise and consider. As a result, this can seem like a very daunting experience. Many clients in such situations approach us asking what probate is and where to start when dealing with the…

Read More

Landlords, tenants and applications for planning permission



Given the fluid nature of modern businesses, there will be times when a tenant wishes to apply for planning permission. This could be for structural modifications or for a ‘change of use’ to a residential or commercial property. Tenants will need to seek consent from the landlord before applying for planning permission. Leases commonly…

Read More

Evicting tenants – Following the correct procedure and issuing notices



The landlord and tenant relationship like any other, is built on trust. The landlord relies on the tenant to look after and respect their property. In turn, the tenant expects the landlord to stick to the terms of the tenancy. However, landlords sometimes experience problems with their tenants that eventually lead to them having to issue an…

Read More

Who is liable in a fraudulent property transaction?



The recent Court of Appeal decision in Dreamvar v Mishcon de Reya [2018] concerned a fraudulent property transaction. The court looked at who should bear the loss when a purchaser loses money in such a transaction. We look at this claim against the conveyancing solicitors involved, and what it means for their clients. Background Dreamvar (UK) Ltd…

Read More

Property alterations without consent



As a property owner, there will be times when you want to carry out alterations to your property. You will usually be free to do more minor works as you see fit. However, for more major alterations you will need to seek permission from various sources. We will look at who might need to give you permission, and what could happen if you carry out…

Read More

Discretionary Trusts



Setting up a trust is a safe way of protecting your money for the future. However, there are many different types of trusts available. Which one should you choose? What are the differences between them all? Kathryn Busfield from our Wills, Probate and Trusts department explains what a Discretionary Trust is and the benefits of setting one up. For…

Read More

SAAMCO in action: Professional negligence case update



Last year I wrote about remoteness of loss and the SAAMCO principle. In summary, the SAAMCO principle affects the recovery of damages in a professional negligence case.  It limits recoverable damages to losses which the relevant professional has actually assumed responsibility for.  A recent interesting example of the SAAMCO principle in action is…

Read More

Challenging a will part 2: Proprietary estoppel



Following on from my recent article concerning ways of challenging a will, this article will focus on making a claim in proprietary estoppel. This is a different way for a disgruntled beneficiary to challenge a will or estate. Many proprietary estoppel cases relate to family disputes over farms, and there have been plenty of recent examples.…

Read More

Getting to grips with a builder dispute



Homeowners across the country spend large sums on home improvements every year.  In the current housing market, many homeowners choose to refurbish their properties rather than move. This means that complex refurbishments and extensions to existing properties are as popular as ever. Before instructing a builder it is important to know what you…

Read More

Professional Negligence adjudication scheme included in the pre-action protocol



The amendment to ‘The Pre-Action Protocol for Professional Negligence’ came into force on 30 April 2018. This follows a lengthy pilot scheme offering adjudication of professional negligence claims that were not construction contracts. The Adjudication Pilot for Professional Negligence Claims was originally launched in February 2015. See our…

Read More

Employment rights and wills – what new parents need to know



As an expectant first-time mother, I have been recently doing the same as many others in my position: buying pushchairs and other paraphernalia, choosing baby names, and thinking considerably about the future. New parenthood brings with it a whole new set of considerations and issues: what rights do expectant parents have; how can you deal with…

Read More

Obtaining an injunction for harassment



We are approached by people who are concerned they are being harassed by neighbours, former friends, ex-partners or acquaintances. As harassment is a criminal and civil offence, quite often clients have discussed the matter with the police first. It is common for the police to advise a client to speak to a solicitor to consider obtaining an…

Read More

Simplifying the conveyancing process



Buying or selling your home can be a stressful experience and, as solicitors, we want to make this as simple and straightforward process for you. However, the number of parties involved in the process can sometimes delay the process. From estate agents, two or more sets of solicitors, banks and mortgage advisers to the buyer and seller themselves.…

Read More

Making an accident at work claim



Our personal injury solicitors are frequently contacted by clients who have been involved in an accident at work. Health and safety law requires employers to put measures in place to keep workers safe. This includes providing the relevant information and correct training at the beginning of their employment, as well as on an ongoing basis. If you…

Read More

Challenging a will – contentious probate claims



One of the benefits of making a will is that there is certainty surrounding your wishes on your death. Unfortunately, however, wills (or the lack of a will) can sometimes result in a dispute between the deceased’s loved ones. We look at the most common situations, and the different grounds available for challenging a will. Ambiguity in the will It…

Read More

Company restoration: Your frequently asked questions



We have looked in previous blogs at the different methods of company restoration after dissolution. Here, we answer some of your frequently asked questions about company restoration. What happens when a company is dissolved? A company is a separate legal personality from the members (shareholders) of that company. It is often said that companies…

Read More