Personal Law

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.…

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…

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…