Personal Dispute Resolution

Children entitled to a share of father’s estate despite estrangement

June 16th 2021
 

Two teenage brothers have been granted a share of their father’s estate even though they were estranged from him and had been excluded from his will. Rebecca Armstrong Associate Solicitor reports on this recent case. The two boys, referred to only as J and H in court, who were aged 16 and 15 respectively at the date of their father’s death in 2018. Their parents had divorced in 2012. The…

Estate

Court outlines the meaning of ‘deathbed gifts’ in inheritance cases

June 1st 2021
 

The High Court has provided some useful guidelines on what is required for a person’s statements to be legally classed as ‘deathbed gifts’ in inheritance cases. David Tew Associate Solicitor provides an update The court was asked to determine the proper distribution of the estate of a married couple. The wife died in January 2019 of cancer and the husband died of a heart attack shortly after in May 2019.…

deathbed gifts

Court settles siblings’ dispute over their mother’s will

May 28th 2021
 

The High Court has refused to allow a man to remortgage his deceased mother’s house after her three other children disputed the validity of a purported will and where there was reason to believe that she had been subjected to undue influence. Rebecca Armstrong Associate Solicitor reports on this recent case. The property was a five-bedroom house in south London in which the mother had lived since her divorce in…

Leaseholders not liable for cost of repairing structural defects

May 17th 2021
 

The Court of Appeal has ruled that a group of leaseholders were not responsible for the cost of repairs if those repairs also made good fundamental structural defects in their properties. Natalie Tatton Solicitor reports on this recent case. The leases related to flats situated in a large block constructed in 1957. They were for 125-year terms and were originally granted under the right to buy provisions in the Housing…

Landlord entitled to unpaid rent despite tenant’s Covid defence

May 4th 2021
 

A commercial landlord has won a dispute over unpaid rent of more than £166,000 despite the tenant citing Covid-19 as the reason for its failure to pay. Stephanie Johnson Senior Associate Solicitor reports on this recent case. The case involved Commerz Real Investmentgesellschaft MBH and TFS Stores Ltd. Commerz was the leasehold owner of the Westfield Shopping Centre. TFS was the tenant of one of the units in the centre…

rent arrears

Government extends support for commercial and residential tenants

March 29th 2021
 

The government has extended the ban on evicting commercial tenants until 30th June 2021. Natalie Tatton Solicitor in our Dispute Resolution team provides an update. The move is designed to help those worst affected by the pandemic, such as bars and restaurants, get back to business when doors fully reopen for hospitality no earlier than 17th May. Residential tenants will also be supported as the ban on bailiff-enforced evictions in…

Natalie Tatton

Travel agency ‘wrong to use data from rival’s former employees’

February 18th 2021
 

The Court of Appeal has ruled that a travel agency was wrong to take client contact information disclosed by its competitor’s former employees and add it to its own computer database. Mark Aspin Director and Head of Dispute Resolution reports. The issue arose after the agency, Trailfinders, hired some employees from a rival agency, Travel Counsellors Ltd (TCL). Trailfinders expected new employees to bring their own customers and encouraged them…

Tenant not allowed to change defence over service charges

February 15th 2021
 

A commercial tenant has been refused permission to re-amend its defence to a service charge claim four weeks before trial. Stephanie Johnson Associate Solicitor reports. The court ruled that although the new defences had reasonable prospects of success, they could have been pleaded earlier and there was no good reason for the delay. The issue arose because the tenant refused to pay certain elements of the service charge relating to the…

rent arrears

Will Your Business Qualify for Covid-19 Business Interruption Insurance?

January 21st 2021
 

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…

Personal Dispute: What is Professional Negligence?

January 1st 2021
 

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 a result of this failure. If…

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