Personal Law

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.…

Personal Dispute: What is Professional Negligence? You may consider that you received bad advice or that you did not achieve what you set out to achieve. Professionals are duty bound to provide their services to a required standard. If you instructed a professional and they failed to fulfil their role to that required standard you may be able to bring a claim against them if you suffered a loss as…

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

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…

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…

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…

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…