Frequently Asked Questions

Corporate and Commercial: What are warranties and indemnities in the context of a business sale?

January 1st 2021
 

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 also prompt sellers to give full information in reply to due diligence questions raised by…

Landlord and Tenant: How long will it before I can obtain a Court Order for possession of my property?

January 1st 2021
 

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 before a possession hearing, upon issuing the claim it can take several weeks depending on the facts of the…

Corporate and Commercial: What is due diligence in the context of a business sale?

January 1st 2021
 

When selling a business, there is no legal requirements for the seller to disclose any issues or liabilities to the buyer. The buyer can ask questions and request information about the business, which is known as due diligence and forms an important part of the process of buying a business. The answers and information provided by the seller allows the buyer to know more about the business and so be…

Landlord and Tenant: Can I re-enter my property without an Order for Possession?

January 1st 2021
 

If you re-enter the property without obtaining an Order for Possession, then the tenant can pursue you for unlawful eviction and claim compensation even if they are in breach of the Tenancy Agreement. It is not wise to re-enter a property without a Possession Order. There is no limitation deadline as to when the tenant might pursue you. For more FAQs see here

Debt Recovery: Someone is threatening to bankrupt me, what should I do?

January 1st 2021
 

First – do you admit owing the money? If not, then get in touch because where there is a “genuine dispute” as to a debt, a creditor cannot make someone bankrupt (or liquidate a company). However, if you receive any formal documents then there are very strict time limits for responding so don’t delay. If you admit owing the money you may need financial advice as opposed to legal advice.…

Personal Dispute: Can a neighbour enter onto my land without my permission?

January 1st 2021
 

If a neighbour enters your land without your permission then they will be committing the offence of trespass which is a civil wrong (it is rarely a criminal matter) – however if this is a minor trespass and no damage is caused it is unlikely to be necessary to revert to your legal rights. For more FAQs see here

Debt Recovery: Someone can’t pay me – can I bankrupt them?

January 1st 2021
 

The short answer is yes – but only where there isn’t a dispute as to the debt; and there is still a process to follow. You should also consider if bankruptcy is likely to get you paid at a proportionate cost, other options are available. Our debt recovery team can provide you with details of all of the options and costs of the same. For more FAQs see here

Personal Dispute: Can the neighbour block my access?

January 1st 2021
 

This will depend upon the facts of the case and a thorough review of your title deeds will be required before being in a position to advise. Once, if the neighbour does block your access then we can advise you on possibly obtaining an injunction but this will depend on the facts of the case. It may be necessary to act promptly, so take advice as soon as possible. For…

Debt Recovery: My partner is being made bankrupt – does that affect our house or my own assets?

January 1st 2021
 

The precise answer to this will depend on the detail. A share of jointly owned assets can form part of a bankrupt estate – but the ability to enforce against that asset has restrictions. Similarly, a Trustee in Bankruptcy can review historic transactions of a Bankrupt person to reclaim assets into a bankrupt estate. You should take advice on your own specific circumstances, especially if there is any claim threatened…

Personal Dispute: What can I do to prevent the neighbour carrying out works on the boundary line? / Can I work on the boundary line?

January 1st 2021
 

There is a law known as the “Party Wall Act” which sets out a procedure for carrying out certain works at or near to a boundary. A surveyor can advise you if the Act is likely to apply – if so, it is important to comply with it. It makes sure a mechanism for how works are to be carried out is recorded, thus avoiding the scope for a dispute…

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