Once I was (getting on for) seven years old – The Third Parties (Rights Against Insurers) Act 2010 is finally here

18/07/2016

Yes there will be plenty of excitement surrounding the announcement that on 1 August 2016 The Third Parties (Rights Against Insurers) Act 2010 (“the 2010 Act “) will now come into force. What does this change? As things stand making a claim against the insurer of an insolvent entity is somewhat of a nightmare under READ MORE

Litigation letter of claim – why is it so important?

18/11/2015

Letter before action For both practical and legal reasons, a letter of claim, sometimes also known as a letter before action, is crucial before starting legal proceedings. Court proceedings, whether lawyers are instructed or otherwise, involve cost and risk. Court fees must be paid, which are increasingly expensive and if you start a claim and READ MORE

New video tips from David Rosen

19/10/2015

We think an excellent way to add interesting new content is via video – this also has the benefit of allowing you, the visitor, to get to know us in a way which mere words on a page never can. We hope this latest set of short videos from David Rosen and our marketing team READ MORE

Money sent in full and final settlement – what if it’s not the full amount?

28/01/2015

Let us postulate that there is a dispute between two parties, and one wants to settle by sending a cheque being an amount he feels is sufficient to compromise the dispute between them. Is that enough to settle a matter? Was there a letter with the cheque? If so, what did it say? Did you READ MORE

How to avoid a breach of contract situation

30/06/2014

It is important to have an agreement / contract in place to ensure all parties are aware of their obligations under the agreement but also to legislate for what happens if one party breaches the agreement. Get the right contract and act consistently Before considering remedies, it’s important to reflect on the topic generally. Whilst READ MORE

Small claims court – the new £10,000 limit

08/03/2014

Whilst few small claims cases get reported, principally because most are settled and/or the value of such claims means it is not financially viable to dispute judgments based on technical grounds, it’s also true to say that, in numerical terms, the vast majority of cases are small claims. This is especially the case now that READ MORE

Summary judgment – why it’s rarely as straightforward as it may seem

08/03/2014

Clients often come to me with what looks like an “open and shut” case. They have a clear contract and the other party is clearly in breach. They want their damages and they want them quick. After advising of the inherent risks, not least on enforceability of a judgment in practical terms, if the client READ MORE

Section 8 of the Housing Act 1988

20/01/2014

The very fact you’ve arrived at this page probably indicates that you are a Landlord and your tenant is in breach of his/her/their short term residential tenancy, probably an Assured Shorthold Tenancy (AST). As you may already also know (although see more below), whilst there are a number of grounds for seeking possession of your READ MORE

Electronic disclosure and hidden costs of litigation

08/01/2014

We write regularly on this blog about the dilemma facing businesses and individuals in the “real world” – what we mean by this is that the sorts of disputes that tend to get reported, either formally in case reports, or in the news, are often cases that are high value, involving big businesses. In those READ MORE

Using experts in litigation

05/12/2013

Aside from the many other aspects which make legal disputes complex, expensive and unpredictable, before starting a case at court, in many types of dispute, expert evidence will be crucial to winning or losing. With a sharp increase in the number of individuals and businesses considering using the civil courts without a lawyer, the expert READ MORE