Frequently Asked Questions

Debt Recovery: I want to wind-up my limited company. How do I do this and what are the potential personal consequences?

January 1st 2021
 

The legal process to wind up a limited company may seem as a straight-forward technical process. However, the consequences should always be reviewed – have you give any personal guarantees; and what are your financial interests in the company? At the same time, it is an offence to continue to trade a company which is insolvent. Your accountants can best advise if this threshold is met. For more FAQs see…

Property: What is the different between Leasehold and Freehold properties?

January 1st 2021
 

Ownership of leasehold property is determined by the Lease entered into between the Landlord and the Tenant.   It means that the freeholder owns the ground and sometimes the structural parts of the building and the tenant owns the internal parts of the relevant property but sometimes the tenant does have responsibilities regarding repair and maintenance. For more FAQs see here

Personal Injury: Can I choose my own Solicitor to act for me or do I have to use a Solicitor recommended by my insurance company?

January 1st 2021
 

You are free to choose whatever Solicitor you like, according to EU law.  It is important that you choose a Solicitor who specialises in high value and catastrophic injury cases and has the relevant expertise.  For more FAQs see here

Business Dispute: My business is in dispute with one of our partners. Can we just throw them out of the partnership?

January 1st 2021
 

Short answer: Only if it’s allowed in a written partnership agreement. A written partnership agreement is the governing document which sets out what you can and can’t do, and how to do it. If you don’t follow those terms you will be in breach, regardless of how bad the other partner’s conduct was. If you haven’t got a written agreement, technically the law doesn’t allow “expulsion” of a partner –…

Property: How long does it take to buy a house?

January 1st 2021
 

It normally takes between 10 to 14 weeks to buy a house, sometimes even longer for a flat.   It can be quicker if you are buying a property at auction where you effectively exchange contracts at the auction and then there is normally four weeks in which to complete the purchase. For more FAQs see here

Business Dispute: I think one of our partners is using business assets for his own profit. What can I do?

January 1st 2021
 

Unless otherwise agreed, partnership assets can only be used for the business of that partnership. Partners have a duty to account to the business for any profits they obtain. If you think any of these have been ignored, you should take legal advice as to your options based on any written partnership agreement or statute. For more FAQs see here

Property: What is the difference between exchange of contracts and completion?

January 1st 2021
 

At exchange of contracts both parties are bound to the contract and the buyer pays the seller a 10% deposit.   Completion is when you actually move home and at that stage the seller has to give vacant possession of the property to the buyer. For more FAQs see here

Personal Injury: Is there a time limit for pursuing my claim?

January 1st 2021
 

There is generally a time limit of 3 years from the date of the accident within which court proceedings must be issued. If you fail to do so your claim is statute barred. The situation is different if the injury happened to a child under 18 years or to someone incapable of managing their own affairs.  We will provide specific advice should this be the case.  For more FAQs see here

Business Dispute: My business partner has signed us up to a contract I don’t agree with. Are we bound by it?

January 1st 2021
 

Probably yes – a partner has the ability to bind the entire firm. However, if you think the contract shouldn’t have been entered into – or you have a written partnership agreement which would limit the ability to enter into contracts of a certain value unilaterally – you might have a claim against the other partner. Take advice on your specific circumstances. For more FAQs see here

Personal Injury: Will I need to attend Court?

January 1st 2021
 

The vast majority of personal injury claims settle without the need to go to Court unless settlement cannot be agreed either in respect of who is responsible for your accident or separately the value of your claim. For more FAQs see here

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