Frequently Asked Questions

Personal Dispute: What professionals can I make a claim against? A professional is a person who is considered to have particular expertise and skills in the services they provide.Examples of professionals you may be able to make a claim against include:- Accountants- Financial advisors- Solicitors- Barristers- Surveyors- Builders- Engineers- Architects- Insurance brokers- Professional trustees

Business Dispute: I’ve fallen out with my co-business owner, what are my options? There are many possible options that might be available if formal court action is necessary. These range from applying to the court for declarations up to winding-up the business. However, winding-up any business is a significant step. We actively encourage ways of Alternative Dispute Resolution between business owners to either find a joint way forward or, potentially,…

Personal Dispute: How long do I have to make a Professional Negligence Claim? The usual limitation period and starting point in most professional negligence cases is six years from the date of the negligence.However, if you only became aware of the loss and damage at a later date this could be extended. In those cases the limitation period is three years from the date of knowledge of the facts which…

Corporate and Commercial: What are articles of association? Think of these as the constitution or rule book of the company. All UK companies are required to have articles of association, although not all shareholders and directors are aware they exist(!). They can be in a standard form (known as Model or Table A articles) or tailored to cover the bespoke requirements of companies, covering areas including: directors powers, meeting requirements…

What do I have to prove when making a Professional Negligence Claim? In order to bring a successful Professional Negligence Claim you will need to demonstrate the following:- Duty of CareThat the professional had a Duty of Care. If there is a contract or retainer between you and the professional this is often easy to prove. Even if there is no contract it is still often easy to demonstrate that…

Corporate and Commercial: What is a shareholders’ agreement? A shareholders’ agreement is a contract between the shareholders in a company, setting out how the company will be owned and run. There is no legal requirement to have a one, but they can cover useful areas such as how decisions will be made, dividend payments, who shares can be transferred to (along with how they will be valued) and how funding…

Personal Dispute: Will I have to go to Court for my Professional Negligence claim? The majority of professional negligence claims can be resolved directly with professionals or their insurers without the need to issue Court proceedings. Even when proceedings are issued the majority of claims settle before the matter reaches a trial.

Landlord and Tenant: How can I get a tenant out of my property? This will depend on whether or not the tenant has breached any of the terms of the Tenancy Agreement. If the tenant is in breach of the Tenancy Agreement then we can consider serving a Section 8 Notice in accordance with the Housing Act 1988. If the tenant has not breached any of the terms of the…

Corporate and Commercial: What are warranties and indemnities in the context of a business sale? Warranties are statements made by the seller of the business about the condition of the business that is being sold. If a warranty turns out to be incorrect and the value of the business is reduced as a result, the buyer can claim damages (money) from the seller to cover the loss in value. Warranties…

Landlord and Tenant: How long will it before I can obtain a Court Order for possession of my property? Due to the pandemic, the Coronavirus Act 2020 has been implemented and the rules as to when we can issue court proceedings for possession differ depending on how and if the Tenancy Agreement has been breached. Once proceedings have been issued the claim will first be listed for a review hearing…