Expert Comments

Opinion
  • court

How “Alternative” Is Alternative Dispute Resolution?

A look into Alternative Dispute Resolution in the face of the Civil Justice Council (CJC) published report titled: Compulsory ADR (June 2021) What is Alternative Dispute resolution? Firstly, Alternative Dispute…

November 25, 2021
Opinion
  • court

Applications to Strike Out For Abuse of Process

Litigants in proceedings have opportunities to apply to strike out opponents’ cases where they can show that the proceedings are an abuse of process. This usually consists of making an…

November 23, 2021
Opinion
  • court

A Look At Track Allocation And The Effects Of Jackson’s Fixed Cost Reforms

Civil claims fall into three categories, or “tracks”: The small claims track The fast track The multi-track How are cases allocated? Cases are assigned to a track by the courts…

October 27, 2021
Opinion
  • data-breaches

Use of a Ring Doorbell Found To Be In Breach of Data Protection Laws

A Ring doorbell is a video surveillance system made by Amazon which captures both video and sound within a certain range. They start at £40 to over £200. These have…

October 22, 2021
Opinion
  • legal-help

Choosing Legal Expense Insurance

What is Legal Expense Insurance? Legal Expense Insurance (“LEI”) is a form of add on cover at an additional cost to your normal building, contents or motor insurance which will…

September 10, 2021
Blog
  • professional-negligence

When Ineffective Service Costs You £10,000,000

There are very stringent court rules governing how a claim form can be served, and a whole plethora of cases showing how easy it is to get this wrong.  Service…

August 31, 2021
Opinion
  • supreme-court

A Solicitor’s Undertaking – The Landscape After Harcus Sinclair LLP V Your Lawyers Ltd

Undertakings An undertaking is a commitment by a solicitor to do or not do something. It can be enforced against the solicitor by the courts and failure to comply with…

August 9, 2021
Opinion
  • court

Acting Promptly When Setting Aside Default Judgment

The requirement to act promptly when applying to set aside a default judgment The impact of a default judgment can be serious and steps should be taken to prevent matters…

July 28, 2021
Opinion
  • professional-negligence

Limitation In Solicitors’ Negligence – Narrowly Avoiding Liability

To successfully bring a claim against a solicitor you have to prove that they owed you a duty of care which was breached causing you foreseeable loss. What is limitation…

June 29, 2021
Blog
  • wills-disputes

The Law on Testamentary Capacity After Clitheroe v Bond (2021)

A Will can be challenged and set aside if it can be shown that the deceased lacked ‘testamentary capacity’. Banks v Goodfellow (1870) The relevant legal test for establishing (testamentary)…

June 9, 2021
Blog
  • court

Serving Legal Proceedings on a Partnership

An important part of civil proceedings is to ensure that service of claim forms have been effected correctly. Many litigators in their legal career will have been caught out on…

May 18, 2021
Blog
  • contract-disputes

Signing of a Legal Document

Legal documents generally require signatures to have binding effect. There are also rules on how and who can execute certain types of legal documents. There is no prescribed form or…

May 10, 2021
Blog

Nuisance Communications

Nuisance communications, particularly calls can take many forms; from annoying unwanted cold sales calls to threatening/offensive calls to phishing scams. These are likely to have increased during lockdown as we…

April 9, 2021
Opinion

Surveyor’s Negligence – Large v Hart [2021]

Like with any professional negligence claim, in order to bring a successful claim against a surveyor you have to prove that a duty of care owed was breached which caused…

April 6, 2021
Blog
  • commercial-dispute-resolution

What is a Statutory Demand and When Can You Use It?

The issue of enforcing costs involves considering and seeking an appropriate method to satisfy a creditor’s debt, whether you have already obtained a court judgment or not. There are several…

March 2, 2021
Blog
  • professional-negligence

When does loss arise in a professional negligence case?

A professional negligence claim arises where there has been breach of a contractual or tortious duty causing consequential loss. Limitation Period The limitation period in both contract and tort is…

February 23, 2021
Opinion

My love for blogging!

For those who know me – they know I love to blog. Perhaps a hang up from the missed opportunity to pursue a degree in English literature rather than Law,…

January 26, 2021
Blog

The importance of “subject to contract”

In the case of Joanne Properties Ltd v Moneything Capital Ltd and another [2020] EWCA Civ 1541, the Court of Appeal considered the use and effect of the words "subject...

January 19, 2021
Blog

Do I have a right to request a decent broadband?

More and more people are reliant on their broadband for working at home effectively, especially during the pandemic and lockdowns when the government guidance is to stress the importance of...

January 8, 2021
Blog

The fall-out from UK Government coronavirus support schemes: ensuring the good-faith customer does not lose out

The coronavirus has placed an unprecedented strain on people and businesses across the UK and the world. A major concern of the UK Government, perhaps only behind public health, has...

December 15, 2020
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