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Consumer Law & Dispute Resolution Blog

Our consumer law and dispute resolution specialists regularly write about related legal topics and news, we welcome your comments on our posts. If you would like more information on our services, please don't hesitate to get in touch on 01616 966 229..

What is the burden of proof for professional negligence?

Jade Fairhurst
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Occasionally, mistakes are made by professionals. Typically, professional negligence claims are often thought to relate to the more common professions, such as law, accountancy or architects professions. However, professional negligence claims can relate...

How can a property encroachment dispute be resolved?

Solomon Ako
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In the UK, encroachment law deals with situations where one party's property extends onto or interferes with another party's property without permission, and can involve structures, such as buildings and fences, as well as vegetation like trees and...

Why Christmas isn't always the season of goodwill among neighbours

Joanne Ellis
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The Christmas and New Year period is meant to be the season of peace and goodwill, but for many warring neighbours, it can be anything but. Data from 2022 suggests that 60% of people have experienced a dispute with a neighbour or felt negatively towards...

Can my neighbour record me on their CCTV?

Joanne Ellis
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If a neighbours CCTV records onto your property the position is regulated under GDPR (General Data Protection Regulation) and The DPA (Data Protection Act). There may also be a harassment or nuisance claim depending on the extent of the filming and the...

Can artificial intelligence replace my solicitor?

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With the BBC reporting of the rise in artificial intelligence (AI) and the risks of AI replacing up to 300 million jobs, could AI chatbots soon replace your solicitor? There’s no doubting that there has been an almost unnervingly rapid...

How will the metaverse impact legal services in the future?

Solomon Ako
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The metaverse is a virtual world where users can interact with a computer-generated environment and each other in real-time. As there is currently no universally accepted definition of the metaverse, it is commonly understood to compass the use of Virtual...

What happens to land held on trust when the trustee has been dissolved?

Matthew Smith
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A trust of land is when the legal title of a piece of land is held by one party, the trustee, on behalf of another party, who has the ultimate beneficial interest, known as the beneficiary. Depending on the circumstances under which the trust arose, the...

Restrictive covenants on neighbouring land

Claire Richardson
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A restrictive covenant is a contractual obligation contained within the deeds of a property. They can have the effect of restricting a landowners use of their land and are particularly troublesome for property developers. But for a property owner facing a...

Are you being served?

Liam Waine
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A common story in the world of litigation is one which focusses on whether a claim form has been validly served on the defendant. The issuing and service of a claim form is arguably the most important procedural step a claimant will take. Time and...

Failure to disclose Japanese knotweed costs home seller more than £200,000

Joanne Ellis
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The much debated topic of Japanese knotweed has been in the news again after a vendor did not disclose that the property he was selling had the plant growing on it.  Japanese knotweed is an invasive plant that can cause problems to...

Supreme Court rules in favour of claimants who branded the Tate Modern's viewing platform a 'nuisance'

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Today marks the eagerly awaited decision of the Supreme Court in Fearn and others v The Board of Trustees of the Tate Gallery concerning the law of private nuisance. Background The case relates to a new extension to the Tate Modern art gallery...

Can I sell my house if there is a boundary dispute?

Claire Richardson
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The short answer is yes, you are able to sell your home whilst there is an ongoing boundary dispute . There is however a legal requirement to disclose that boundary dispute when selling your house. Your conveyancing solicitor will require you to...

Your consumer rights this Christmas

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With Christmas around the corner, it is important to make sure you are armed with enough knowledge to understand your rights when it comes to buying goods. Perhaps your best weapon this Christmas is the Consumer Rights Act 2015 (the act). Briefly,...

Building works versus the cost of living crisis

Liam Waine
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It is reported that the UK economy is now in a recession and likely to be so until at least 2024. Inflation is rising at its fastest rate for 30 years. This is all influencing the cost of fuel/energy. Add into the mix the covid 19 pandemic,...

Cohabitation - what's mine is yours?

Claire Richardson
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Living with a partner before marriage has become increasingly popular; whether buying a home together or one partner moving in with the other. Despite the increase in popularity the law in this area is heavily outdated and can often lead to unfair...

Eurovision - a hotel blessing or curse?

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The news that Liverpool will host the 2023 Eurovision Song Contest will no doubt come as a blessing to local hoteliers and Airbnb hosts alike. Unfortunately, the same can’t be said for a number of their guests. Hotel and Airbnb guests are facing...

Is possession really nine tenths of the law?

Claire Richardson
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As far as land law is concerned, possession is a key component when investigating who owns a particular piece of land. Possession has the potential to enable someone to acquire ownership of land which does not belong to them. Sometimes known as...

Energy crisis - are solar panels the light at the end of the tunnel?

Liam Waine
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Liz Truss’ recent announcement which outlined the government plans to freeze energy bills at an average of £2,500 a year is welcomed news for consumers and businesses alike. Whilst bills will still be significantly higher than last year it...

Cladding claims - who pays and what for?

Liam Waine
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A recent High Court judgment in Martlet Homes Limited v Mulalley & Co Limited [2022] EWHC 1813 TCC considered this very issue in the context of cladding claims. Post Grenfell, the construction industry has been keeping a watchful eye on the...

Extreme weather protection - five practical tips to protect your property against storm damage

Claire Richardson
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The UK has experienced record winds and damage caused by the recent storms, Strom Eunice and Storm Franklin.  Below are five practical steps to help you take reasonable precautions against these extreme weather conditions. 1. Secure your...

Rights of way: what is interference?

Claire Richardson
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A right of way is a legal right of access over property which belongs to someone else. Rights of way take many forms and often contain conditions as to the means and purpose for which they were created. You may for example, have a right of way over your...

Removal of unsafe cladding - will leaseholders be liable for the costs?

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In June 2017 the country watched as flames ripped through Grenfell Tower, destroying peoples’ homes. There is no doubt that it was a horrific incident which led to 72 deaths and many more injured. Everyone living in the block of flats lost...

Ten top tips when buying a house

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Traditionally a house is the biggest purchase anyone will make in their life. However, despite this, people are normally so excited to move that they overlook things which are actually very important, and this can lead to issues later down the...

Is Japanese knotweed knotting you up?

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It’s always frustrating when weeds start sprouting in your beautiful green lawn or your pristine flower beds. Luckily, the majority of weeds are not too much of an issue and whilst frustrating, they can be easily removed without harm to the garden....

Ten top tips when buying a new car

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With the government’s recent announcement of the plan to lift England out of lockdown people will be undoubtedly deciding on their future plans and what their next purchase is. For those people deciding to upgrade or change their vehicle there are...

The seller's secret - property misrepresentation

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Selling your property can be an exciting time. You may be moving to your dream home and just cannot wait for the transaction to complete. You show potential buyers around the property, hoping that they won’t notice that imperfect paint job...

The future of motoring and what this means for the consumer

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In November 2020 the UK government announced its plans in relation to the future of motoring. They confirmed that by 2030, just 9 short years from now, the sale of new petrol and diesel cars will come to an end. Of course their reasons for doing...

Lies, half-truths and deceit in the property market

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The UK property market is currently boosted as the latest Stamp Duty “holiday” imposed by the government has significantly cut the costs of buying a property.  However, the “holiday” is due to end on 1st March 2021. The...

Neighbour disputes and lockdown

Joanne Ellis
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As we are forced to spend more time at home, we are discovering more about our own properties, and more about our neighbours. For many, our relationships with neighbours have improved, as we set out to help those that we can to brighten up the lonely...

Property misrepresentation - how to avoid it and what to do if it occurs

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When you buy a property you are making a big financial investment and it is therefore important that you know everything, good and bad, about it before committing to the purchase. It is your responsibility as the buyer to make sure all of the...

How to avoid a dispute with your builder

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Building projects can be very expensive, and so it is important if you are making changes to your property that you protect your investment by researching and carrying out various checks on the builder you appoint to carry out the work. Below are some...

How much did Ilott actually change things for those challenging an estate?

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After the well publicised case of Ilot v Mitson in 2017, there were concerns that the decision to award an estranged daughter around 10% of her late mother’s estate may have opened the floodgates for adult non-dependant children to bring claims...

"You broke your promise" - Son written out of Will because parents don't like his girlfriend

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Within our jurisdiction, people can leave their estates to whoever they wish and there are no set rules for who you have to provide for. If family members are not happy with their provision from the estate of a loved one then they are able to challenge...

Thinking of buying a new build home? Ensure you are covered

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Buying a new home is often one of the biggest purchases of our lives. It is an exciting yet often worrying time. Most new homes are covered by a builder’s warranty; the most common being the National House Building Control (NHBC). You may agree to...

Resolving fence and boundary disputes

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I recently acted for clients who were forced into a boundary dispute instigated by new neighbours. The neighbours believed that a fence separating the properties was not in the correct position and sought a declaration from the court on the true position...

It's not my knotweed!

Claire Richardson
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In a recent decision by the Court of Appeal on 3 July 2018 the court refused an appeal brought by Network Rail over damages awarded to two homeowners for the effect of Japanese Knotweed on their properties in South Wales. The decision has been hailed as a...

Sir Bruce Forsyth's children may be able to claim against his estate after they are left out of Will

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Sir Bruce Forsyth is rumoured not to have left any of his £11.5 million fortune to his six children.  Whilst it is believed that around £100,000 was placed in trust to be split between his nine grandchildren, reports suggest...

Coronation Street: legal battle ahead for Aidan's family over the contents of his Will

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Shayne Ward’s character, Aidan Connor, committed suicide recently in Coronation Street and it seems that his death is set to cause a legal battle over his Will. The Will is set to omit his family, instead leaving his company to his business partner. ...

Home improvements - sifting out the good from the bad

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5 tips to ensure your home improvements are as good as you hoped Select your contractor carefully ; look at reviews, seek references from previous work they have completed, check profiles on websites such as www.checkatrade.com, check their accounts on...

Next stop... knotweed

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The effect of Japanese knotweed on property has been well documented over recent years with images of the plant growing through concrete foundations and destabilising buildings. However, many cases are now being brought where no physical damage has...

When its s'no'w go - are you covered? An insight into why travel insurance is a necessity for all year round

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In the excitement of booking our well-earned holidays we often forget about the important issues…what if things go wrong? Let’s face it, insurance is usually on our “to do” list prior to departure to often sunnier climates. The...

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...

Charities win in the Supreme Court after 10 year Will dispute

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The Supreme Court yesterday handed down judgment in the case of Ilott v Mitson 2017 [USC] 17, which, appears to now be the end of the line for this long running inheritance dispute case that began with a County Court decision in 2007. The controversial...

Is your cavity wall insulation causing problems in your home?

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A few years ago the government, our energy suppliers and various installation companies were all encouraging us to have cavity wall insulation installed in our homes. With the promise of a warmer home and reduced energy bills many people jumped at the...

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...

Law firms not being vigilant to cyber crime could be negligent

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Some very high profile claims against firms have recently highlighted not only the dangers of cyber crime in the legal industry today, but has also opened the door for clients effected by such crime, to have recourse against their solicitors. ...

Airlines still hiding behind 'extraordinary circumstances'

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When it comes to going on holiday, or even catching a flight for business purposes, being delayed probably isn’t the first thing you think about. However delays occur for millions of travellers each year. Under EU Regulation 261/2004 passengers are...

Key to the door: How to avoid invalidating your home insurance

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It’s a risky business, insurance. For example, did you know that if you give your house keys out to someone else, it could invalidate your insurance policy? The Association of British Insurers (ABI) are on record as saying that if items are stolen...

Paul Daniels' son in dispute over his late father's estate

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Paul Daniels Jr, son of the late magician Paul Daniels has claimed that he has not received any inheritance from his late father’s estate.  Paul, who is apparently unemployed, has reported that the entire estate, worth a gross £1.5m,...

Making the wrong decisions

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A survey undertaken by YouGov suggests that 28% of people prioritise consumer credit debts such as credit card bills, personal loans or overdraft repayments ahead of essential household bills like rent, mortgage or utility bills.  This means that...

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...

A consumer guide to administration: BHS and your rights

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There has been a shock announcement this week that the retailer, BHS, has fallen into administration leaving many of their customers wondering what that means for them.  Our short guide addresses some of the more common issues you might encounter if...

Sir Elton John will leave children small portion of his £200m fortune

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In recent interviews this week Sir Elton John has made a very public announcement that he only intends on leaving a very small amount of his £200m fortune to his two children Zachary and Elijah. His reasons for this appear to be very grounded and...

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...

Challenges against Wills increase by 20% in 10 years

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According to a recent survey published in The Times, the number of challenges to Wills by relatives has increased by 20% over the past 10 years. Despite this, the majority of people surveyed considered that a deceased’s person’s wishes...

VTech's changes to T&Cs may be unpopular, but they are within the law

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Barely two months on from suffering a significant data breach, the toy giant Vtech - best known for manufacturing digital devices for children - is back in the news and at the centre of a public relations storm. In December of last year, the company came...

Could you take on the consumer heavyweights?

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Everyone loves a good underdog story. Someone who battles through trials and tribulations to win out against all expectation. But while we revel in the exploits of fictional underdogs on television or in films and books, few of us get the opportunity, or...

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...

Goodwill to all men?

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A Wigan company has offered to pay a couple's rent for their family home whilst their four and a half month old Daughter, Emilee Jayne, is in hospital.  Emilee was born at just 27 weeks and the couple have been by her bedside ever since....

Encroach at your peril...

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The Times yesterday reported about a neighbour dispute which has resulted in a teacher, Carole Ann Green, being slapped with a £50,000 legal bill over a fence which she installed some 15 inches on her neighbour’s land. Mrs. Green moved into...

VTech hack hightens consumer tensions over data protection

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Ashley Madison, Sony, TalkTalk and now, perhaps most shockingly, VTech. The toy giant, most notable for manufacturing digital devices for young children, was hit by a sizable cyber attack last month. It is now believed that the personal information of...

VW refuse to compensate EU customers

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VW have confirmed that they have “no plans” to compensate customers in Europe whose diesel cars are affected by the emissions rigging scandal. It is widely known that VW has set aside £4.8bn to cover recall costs, but had not until now...

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...

The VW saga continues...

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The Volkswagen Group (“VW”) has been plunged into further crisis after admitting that it is not just diesel cars that are affected, but around 98,000 petrol cars could also be involved in the unfolding saga. VW have admitted that these petrol...

Noisy neighbours: what can I do?

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An Ipswich couple has recently made headlines for installing an ‘anti-child device’ to deter their neighbour’s children from screaming loudly in the garden. The couple say they have put up with four years of unreasonable noise from the...

Need for specialist advice highlighted by High Court ruling on contentious probate

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A woman from Berkshire who lost her claim in 2013 against her late father’s estate to challenge the validity of his Will, may now have to pay more in legal costs, than the amount she was left in the Will. Chloe Brennan was the daughter of Francois...

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...

TalkTalk data hack - what should you do?

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There have been significant amounts of column inches dedicated to the announcement by phone and broadband company, TalkTalk, confirming their computer systems were hit by a ‘significant and sustained’ cyber-attack.  Whilst it is still very...

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...

Tackling Japanese Knotweed: it's a team effort

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I wrote about Japanese Knotweed in a blog post last month. Today, I want to delve more into the claims which may arise and action you can take as an affected property owner, and how specialist legal advice can help ease that process. In addition to...

Court of Appeal increases Adult Child Inheritance Act Award from £50,000 to £164,000

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The Ilott v Mitson case continues to rumble on and cause drama in the world of inheritance disputes, some eight years after the original County Court judgment. The Court of Appeal yesterday overturned the original ruling that awarded Heather...

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...

Cohabiting couple families grow by 29.7% in 10 years

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According to the Office for National Statistics, the numbering cohabiting couple families has increased significantly by 29.7% between 2004 and 2014. In 2014 there were 18.6 million families in the UK. Of these, almost 3.1 million were cohabiting couple...

Death bed gift challenge in the Court of Appeal

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The Court of Appeal has this month handed down its judgment in the case of Kenneth Paul King v Chiltern Dog Rescue and Redwings Horse Sanctuary [2015] EWCA Civ 581, which involved a appeal against a decision by the High Court last year, to allow a death bed...

Japanese Knotweed: extreme weed or menace to property?

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Japanese Knotweed seems to be everywhere now - and not just in our gardens. This mythical sounding plant is fast becoming the hot topic affecting property and has even made an appearance in a dispute on ITV’s Judge Rinder. What is Japanese...

Wrongly installed cavity wall insulation

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There have been huge campaigns to make houses energy efficient. It makes sense to pay less for your heating where you can. But not every house should have cavity wall insulation (CWI) installed. If cavity wall insulation is wrongly installed it...

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...

Knowledge is everything: disability discrimination in the workplace

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Case update: Donelien v Liberata (UKEAT/0297/14/JOJ) In order to make adjustments for a disabled employee, an employer must have known about the employee’s disability. However, in practice this can be far from straightforward to establish, and...

Court of Appeal decides employees with caring responsibilities not entitled to reasonable adjustments

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Under the Equality Act 2010, all employees who suffer from a disability have a right to request that adjustments are made so that as far as is reasonably possible, the difficulties that their disabilities cause them do not impact on their ability to do their...

Bonuses that are automatically withheld due to sickness record can amount to disability discrimination

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Case Update: Land Registry v Houghton and others (UKEAT/0149/14/BA) This matter involved five Claimants who brought claims against Land Registry under s.15 of the Equality Act 2010 for non-payment of a corporate bonus. The Land Registry operated a bonus...

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...

Leaseholders facing huge repair bills

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Our consumer law expert, Andrew Leakey, was interviewed by BBC Radio Sussex in relation to a story about residents in Brighton and Hove. Some residents, who have bought the leasehold of their former council-owned properties, are facing bills for tens...

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...

Promises Promises - Can lead to inheritance!

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The High Court in London has this week had to make a decision in a very unusual inheritance dispute claim . The carer of a wealthy widow became involved in a dispute over her £1.3 million fortune, in a case which involved a genealogist from BBC show...

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...

Court of Appeal victory for consumers in flight delay compensation claims

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The Court of Appeal has today handed down its judgment in the case of Huzar v Jet2.com. This case was brought to clarify the definition of ‘extraordinary circumstances’ in the context of flights that are delayed specifically due to technical...

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...

Bedroom-tax hit tenants offered free egg

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I remember hearing about this a few weeks ago but never quite got round to blogging about it. However, this story just goes to show how misunderstood the bedroom tax can be and so it is important to draw attention to it. At Easter time this year, Valleys 2...

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...

Courts warn litigants to gather the evidence, or face the consequences

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Neighbour disputes that are contested in court are often viewed negatively by a judge and recent cases have seen the courts order disproportionately high penalties to the parties for their failure to gather the evidence. In one case this year, the...

Top tips for nuisance claims - have you got enough evidence

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Nuisance goes beyond damage being caused to your property. It can also be caused when your neighbour uses their property or behaves in a way which has detrimental effect on your property. It does not necessarily have a physical effect – your neighbour...

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...

Conveyancing solicitors jointly negligent in over-valuation of property

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The High Court in Manchester has recently made a very interesting decision in the case of E.Surv Ltd v Goldsmith Williams Solicitors [2014] EWHC 1104 (Ch).  This was a claim brought by a surveyor against the solicitors that acted for the borrower...

The tree that could cost you

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Leylandii hedges have been voted Britain's most hated garden tree and have been subject to a wealth of property disputes which have been reported in the media. In 1999, a man who had been battling for 20 years to get his neighbour's 10.5m hedge cut...

Family forced to demolish new home

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A story in the news recently has caught my eye, after a family in Scotland has been ordered to demolish their £500,000 dream home. The Murray family had bought a plot of land and engaged architects and builders to build their luxury home on it, to...

Ilott v Mitson Update - Inheritance Act appeal dismissed over award to adult child

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I did a blog a couple of years ago following a very interesting development in Inheritance Act claims by adult children. In the case of Ilott v Mitson [2011] EWCA Civ 346 , the Court of Appeal upheld the original County Court decision of a District Judge,...