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.

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…

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

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

We will advise you on all funding options that may be available to include no win, no fee funding.

Personal Dispute: Can the neighbour block my access? 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,…

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