Shareholder Disputes – Flat Management Companies

27/11/2012

Over the past couple of years I have noticed a marked increase in the amount of shareholders disputes on which we are being asked to advise. Shareholders disputes are very rarely black and white and often with private limited companies, personality clashes and family relationships need to be taken into account. A large number of READ MORE

Ebay – the legal position

19/11/2012

No question about it, I, like millions of others, love Ebay, and have used the site successfully many times in the last few years both for buying and selling, without a problem. This doesn’t stop me, as a lawyer, having some worries about the site and whether or not there are more problems and disputes READ MORE

Nuisance – unlawful interference with land

15/11/2012

Tortious nuisance is where one party has a claim against another for a continuous, unlawful and indirect interference with their use or enjoyment of their land, or some right of way which they enjoy over a piece of land. Such claims are dealt with by the Civil Courts and a person would be entitled to READ MORE

Don’t play games in the courts

02/11/2012

There is a concept in law known as equity and the courts can sometimes use equitable principles of discretion to assist in civil cases. It is important to note that equity, which is a historical common law doctrine associated with fairness, does not apply to all cases, but for obvious reasons, it can be very READ MORE

Setting aside a County Court Judgment

31/10/2012

At Darlingtons, we understand and empathise with clients in the difficult issue, not least financial, as to whether to instruct solicitors or try to deal with litigation themselves. However, as a recent case graphically illustrates, law and legal issues are generally complex, not only in terms of the law but the procedural rules in court. READ MORE

To admit, not admit or deny, that is the question

07/10/2012

With a growing number of claims being dealt with by litigants in person, we thought a basic understanding of formal legal pleadings and the options may be helpful. In some cases, for example, a simple debt collection matter, the claim form may be quite straightforward, including perhaps a summary of the contract, when it was READ MORE

Judging whether to pursue a debt through the courts

01/10/2012

A debtor owes your business money and you need the debt paid. Of course you do and so you should. Not only do you need to get the debt paid as your business may well need that money for cashflow but you also want the debt paid. This is the psychological element of any dispute READ MORE

Neighbour disputes – some commonly asked questions

11/09/2012

What can be done about noisy neighbours ? The first step that should be taken is to personally discuss the problem with your neighbours. If it is not possible to speak face-to-face with your neighbour because you feel uncomfortable, or for any other reason, you should send them a letter outlining the causes of the READ MORE

Practical civil litigation tips

07/09/2012

What are the Civil procedure rules? The Civil Procedure Rules (CPR) are important technical procedural requirements as to how a court case must be dealt with. Many of the rules have timescales attached and these may be strictly interpreted and severe penalties such as costs orders or striking out of a case can occur if READ MORE

Legal aspects of a family owned business

01/09/2012

Many owner run SME’s are family owned and managed businesses. Whilst in the first generation this can often work well, as the ownership of the company is passed through to the next generation problems often occur. The lines between family and business can become blurred and relationships strained. Many family businesses grow organically over the READ MORE