NEWS/BLOG

When things go wrong: Do I have a claim against a builder?

For many of us, increasing house prices means that we are looking to add value to our current homes rather than moving. For others, buying a house that requires renovation may be their best route on to the property ladder. Extensions are being built upwards, sideways, to the back and even downwards from our current homes; walls being knocked down and rebuilt in different places, all with the intention of increasing the value of our homes. Happily, in most instances, this is what happens. But…

Mitigation of Loss – Special Cases

I previously wrote an article discussing a claimant’s obligation to mitigate his or her loss. The last article discussed the general application of the principle of mitigation and what would be expected of the claimant.  There have been a number of notable examples over the years as to how the court has applied the principle. We look at these in more detail below. Walker v Medlicott There is authority to suggest that courts will find that a claimant has failed to mitigate its loss where:…

Jail and Bail 2017

Today our managing partner, Steven Newdall, took part in Jail and Bail 2017 for St Gemma’s Hospice. Volunteers from West Yorkshire Police came to our offices and ‘arrested’ Steven for his terrible crimes against hoarding in his office. His secretary recently tidied his office and found (amongst many other bits and pieces) copies of 20-year-old magazines, his notes from his law degree, a small handheld television and books from the 80’s! The police officers took Steven to be tried for his crimes in the court…

Alternatives to seeking possession

If you are a landlord with tenants on long leases, a breach of lease will not always mean you want the property back. Not least because forfeiting a lease can sometimes be difficult. What are your options if you want the problem rectifying, but are otherwise happy for your tenant to stay? We look at some of the alternatives to seeking possession that may be available to landlords of  premises held on long leases. It is important to note that not all options apply to…

Is my landlord unreasonably withholding consent?

It is common for leases to contain a provision to prevent the tenant from assigning or underletting the lease to another party without the landlord’s consent. This allows the landlord to maintain control over who the tenant will be throughout the term of the lease. To give the tenant some means of protection, this provision is often subject to a qualification that the landlord shall not unreasonably withhold consent. So what does this mean? What is unreasonable? Where the lease requires the landlord’s consent to…

Personal Injury: Recovering the damages

We are proud to have successfully recovered over £100,000 in damages for our clients in the last month or so. For some of our clients, this means receiving a substantial lump sum. In this article, we look at how those lump sums are broken down in personal injury claims. Damages Damages (also referred to as compensation) can be split into two categories: general damages and special damages. General damages are awarded to the clients for their pain, suffering and loss of amenity (i.e. their actual…

Waiving privilege: Case update

With so many steps to follow, litigation can be a minefield at times. Issues can arise at any time. For example, once proceedings have been issued and defended, the parties will be expected to disclose documents in their possession. A recent case looked in depth at disclosure and what can go wrong. What is disclosure? In most fast-track and multi-track cases, the parties must disclose relevant documents to their opponent. In most cases, the court will order that Standard Disclosure takes place. This essentially means…

Pre-Action Protocol for debt claims

While not particularly glamourous or exciting, debt recovery is an important part of many businesses.   While some choose to deal with certain elements of debt recovery in-house, some outsource it to legal services providers such as solicitors.   Prior to issuing any proceedings at Court, parties are expected to engage and comply with the guidance on pre-action conduct. On 1 October 2017, a new Pre-Action Protocol for debt claims (“the Protocol”) comes into force and will impact businesses with debts due from individuals. The Pre-Action Protocol…