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Liam Waine
 

Solicitors' responsibilities - planning application reports

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In a recent Court of Appeal case it was decided it was reasonable to expect that a conveyancing solicitor should explain the detail of a Plansearch report which provided details of a school development in close proximity of the property being...

Determining the exact line of your property's boundary

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In the aftermath of storm Doris I have seen many fences blown down and hedges up-rooted. I imagine many property owners will be negotiating the replacement of these boundary features with their neighbours. But what happens if one land owner doesn’t...

Emissions scandal - Mitsubishi data misrepresented

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You may recall the news from last year about millions of Volkswagen vehicles having software in the engines which essentially cheated the emissions tests. The cars were actually polluting the air significantly more than recorded and breaching the legal...

Is your tumble dryer a danger to your family?

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We all live in a very fast and stressful world with little time to take a minute and relax. Technology has helped us enormously to try and make life easier. Manufacturers of products are always trying to find new and innovative ways of...

Can you trust your friends?

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Being a professional person can certainly have its ups and downs. It is often the case when family members or friends who require professional advice will contact their mate or their relative who happens to be an expert in the field they need assistance...

Are hoverboards a thing of the past?

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I remember back in 1989 when I went to the local cinema with my school friends to watch the film “Back to the Future (Part II)”. For those that remember the film they will recall that Marty McFly (Michael J Fox) was transported to the...

Is a clearly worded retainer a defence to professional negligence claims?

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This was an issue which was put under the microscope in the recent case of Sharon Minkin v Lesley Landsberg (Practising as Barnet Family Law) 2015 EWCA Civ 1152. This case concerned a claim by a former client of the solicitor who had entered into a...

Volkswagen emissions scandal latest - 'petrol cars affected'

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The Volkswagen emissions scandal has taken another ominous twist with the German car giant admitting to 'irregularities' in carbon dioxide (Co2) emissions. Around 800,000 cars could be affected across Europe across both diesel and, for the...

Consumer Rights Act 2015 - consolidating legislation and reducing legalese

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Commercial analysis: Liam Waine, consumer dispute resolution partner at Stephensons, provides the lowdown on the Consumer Rights Act 2015 (CRA 2015) in preparation for it coming into force on 1 October 2015. ...

Clever car trick lands Volkswagen in hot water - emissions scandal

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Shares in VW have plummeted since the recent discovery of an item of software on certain models of VW cars which have been tested for emissions. It is alleged that the software on the vehicles can detect when the car is being tested for emissions. When the...

Court of Appeal overturns previous NRAM v McAdam decision

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The Court of Appeal has overturned the decision by the High Court which stated that when Northern Rock Asset Management, NRAM, and its predecessors repeatedly advised borrowers of loans over £25,000 that the loans were regulated by the Consumer Credit...

Let the buyer (buyer's solicitor) beware!

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When anyone is purchasing a house there is a long held maxim that has stood the test of time called 'caveat emptor'. This is a Latin legal phrase which basically translates to 'let the buyer beware'. As a professional negligence lawyer...

Carcraft - consumer rights

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One of the country’s largest retailers of used cars went into administration on 30 April 2015. Carcraft, which had outlets all over the country and whose head office was in Rochdale had been successfully operating in the used car sector since...

High Court rules on expensive mistake

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The High Court has recently handed down a Judgment on a case which may result in a significant cost to HM Treasury to the sum of approximately £258 million. The case of NRAM PLC v McAdam & Hartley [2014] EWHC 4174 (Comm) sought to determine...

Unmarried couples and property problems

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My attention has recently been turned to the case of Southwell v Blackburn [2014] EWCA Civ 1347. The case involved the breakdown of an unmarried couple’s relationship which had lasted 10 years. The Court was asked to decide whether or not the partner...

You can't accept what's not on offer

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The way the Civil Procedure Rules (CPR) have developed over the last few years has created a fertile ground for litigation particularly in the area of negotiation. The CPR has complex rules in relation to making offers which is governed by Part 36. In the...

Are you paying off unenforceable debts?

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We have seen an upsurge in the amount of people in debt in recent years. Although the effects of the credit crunch are still biting there are many people still in huge amounts of debt from obtaining credit when it was more readily available. The need for...

Great expectations - changes to the legal system

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With all the recent changes to the legal system I am seeing a flurry of cases which are being referred to mediation. The costs of litigation are soaring despite the implementation of costs budgets. The reality bites when parties embroiled in litigation face...

Professional negligence appeal heard

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The Court of Appeal has recently heard an appeal by a solicitor’s firm who in the lower court had been made to pay a previous client £186,000 in damages. This was as a result of failing to advise the client about restrictive covenants which...

Litigation - A privilege for the rich?

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In recent times there has been no other profession which has been hit harder with major changes and cuts than the legal profession. Access to justice has been stripped away from the consumer in the form of legal aid cuts, increase to the small claims...

Mis-selling of PPI deemed unfair commercial practice

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I am often on the look-out for any decisions which assist lawyers and money advisers on examples of unfair business practices in the arena of consumer credit. A recent example of unfair commercial practice has been illustrated in a case in the Court of...

Top tips on choosing the right solicitor

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If you require legal advice on a particular issue do you just instruct the “family solicitor” who has acted for you for many years? How do you know whether this is the right solicitor to use? To ensure you instruct the right solicitor for...

Venture Capital Trusts

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Venture Capital Trusts are useful tools for investors to gain substantial tax relief on their income. The rules in relation to how the tax relief applies are complex and anyone who wishes to invest should take independent financial advice before doing so. ...