Personal Law

Mark Aspin Director and Head of Dispute Resolution provides an update. Since last May, we’ve been following the proceedings launched by the Financial Conduct Authority (FCA) to add some clarity to the availability of “Business Interruption” (BI) insurance as a result of business closures as a result of the pandemic.  Last September the High Court came to its conclusions, and as the national press has now reported the Supreme Court…

The government is considering a crackdown on what it describes as unfair employment contracts that restrict worker freedom. Joanne Stronach Head of Employment & HR reports. The measures could include banning the use of exclusivity clauses, which prevent workers from taking on additional work with other employers. This would apply to workers whose guaranteed weekly income is below the Lower Earnings Limit, currently £120 a week. The change would put…

Most parents don’t need a court order setting out the arrangements for them to see their children. We would recommend that any separating parents try to agree the arrangements before the separation and tell the children together what is going to happen.

If you are successful in your claim you are entitled to compensation for your injuries to include your pain, suffering and loss of amenity.

Personal Injury: Will I need to attend Court? 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.

It normally takes between 10 to 14 weeks to buy a house, sometimes even longer for a flat.

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

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

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

My partner is being made bankrupt – does that affect our house or my own assets? 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.…