Personal Law

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…

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.

Thinking it over with Carol Fish Director & Head of Serious and Catastrophic Injury… THE prospect of Covid vaccines starting to be rolled out in December and being widely available by Spring has given everyone reason for hope this Christmas that there may be light at the end of the tunnel. There is no doubt 2020 has been a tough year for everyone. And as we prepare for a festive…

Protection for people who rent their homes is being extended while the Covid-19 restrictions continue to affect people’s livelihoods. Natalie Tatton, Solicitor in our Dispute Resolution team provides an update. The measures include a ban on evictions until 11 January 2021 at the earliest. The only exceptions to this will be the most egregious cases, including where tenants have demonstrated anti-social behaviour or are the perpetrator of domestic abuse in…

The government has provided brief but useful advice on Lasting Powers of Attorney (LPA) and how they can be used to help people who are no longer able to make decisions for themselves. Michelle Hayes, Solicitor, provides an update. An LPA is a legal document that you can draw up when you’re fit and healthy authorising someone you choose to make decisions on your behalf if you are no longer…

A company has been granted a court order preventing a former employee from disclosing or using its confidential information after they copied files, Mark Aspin Director & Head of Dispute Resolution reports. The company, Rentrack Ltd, collected ticket sales data for cinemas. One of its employees, Mr Green, was approached by a competitor and offered a job in June 2020. You’re leaving your job, can you copy files? Before resigning,…