Signed, sealed, delivered? Email signatures and contracts
You may think that whether a document is signed or not would be obvious. However the High Court has recently looked at exactly this. Is an email with an automatic email signature, signed? What is a signature? The traditional definition of the word ‘signature’ is “your name written by yourself,…
The value of going to a solicitor for legal advice - Q & A
We participated in #SolicitorChat on Twitter last week, answering questions about the value of seeking legal advice from a solicitor. Our new addition to our Dispute Resolution team, Gemma Horner, was on hand to answer the questions. If you were not able to follow the chat live, we set our answers…
Limitation periods: how long do I have to bring a claim?
Limitation is the specified period during which you can make a claim against the defendant. This is done by issuing a claim form and supporting documents at Court, together with the required fee. How long is the limitation period? The limitation period for your claim will depend on the type of…
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…
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,…
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 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 knowledge. In…
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…