Company administration: the basics
We will have all read in the news recently about the large department store chains going into administration. Then more recently, about the collapse of Jamie Oliver’s restaurant empire. 22 restaurants have closed, and 1,000 people are expected to lose their jobs as the company goes into…
The law of defamation in the digital age
As we settle into the digital era, an ever-increasing number of media outlets are being utilised. News stories are now travelling quicker than ever. Platforms such as Twitter are giving individuals a stage to voice their own opinions. However, an increase in the use of media has also been met with…
Understanding the 'Doctrine of Mistake' in a contract
What is the Doctrine of Mistake? With so much time spent entering into a contract, business owners need to be sure that their efforts are not wasted. This is generally the case and when a contract is agreed both parties are bound to perform the terms of that contract. However, cases exist where…
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,…
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…
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…
Will the court allow a change of expert before trial?
Expert evidence is used in many disputes (from personal injury to commercial disputes, property to professional negligence). Experts are there to give their opinion to the parties, and to assist the court when the case involves matters on which it does not have the right technical or specialist…
Litigants in Person – No Special Treatment
The withdrawal of legal aid for most areas of civil law, combined with tightening of the rules concerning no win no fee agreements has caused a perfect storm curtailing access to justice. Litigation is an expensive process and many people simply cannot afford to instruct solicitors without some…
Paying for litigation cases
Litigation can often be an expensive and lengthy process. People are often not aware that paying for litigation costs out of your own pocket is not your only option. A fundamental principle to be aware of in litigation is that ‘the loser pays the winners costs’. This means that should you be…
I'm ill. Will the court adjourn the hearing?
The courts are regularly faced with requests to adjourn of hearings, deadlines and trials of matters. Those who write to the court asking for an adjournment tend (regardless of whether a reply is received from the court/the other side or not) to not attend the hearing and the decision is left with…
