Although it goes with saying that a client should always be honest when providing instructions to their solicitor, the High Court has recently considered the definition of “fundamental dishonesty” in personal injury claims. Legislation enabling a Judge to throw out claims in their entirety if a claimant is found to have been fundamentally dishonest has been in place for several years now. In the recent case of Wright v Satellite Information Services Ltd the High Court had to consider whether
The High Court has recently held that a break notice served on behalf of someone who had not yet been registered as the proprietor of the leasehold title is not sufficient to end the lease. A ten year lease was granted to the original tenant in March 2013 with a break clause allowing the tenant to terminate in March 2018 by providing nine months’ prior written notice. The tenant’s business was acquired by another company and the tenant applied
The new electronic bill of costs became mandatory for all work undertaken on Part 7 multi-track claims from 6 April. Unless the court orders otherwise the only exclusions to this rule are cases subject to fixed costs or cases in which the receiving party is a litigant in person. The electronic bill will have to be used for costs claims for work undertaken from 6 April onwards. It will not be mandatory for any work pre-6 April 2018, but
Disciplining an employee is an uncomfortable task for most employers. Not only do they have to be concerned about the employee’s reaction (let’s face it, most of us are uncomfortable with confrontation), but if the process is not managed correctly, it could also lead to a claim in the Employment Tribunal. Now that the hefty fees which employees had to pay to bring a claim have been declared unlawful, it is easier for an employee to bring such a claim.
The largest ever study of decision making in legal services has found that just 6% of clients choose their conveyancing solicitor on the basis that they were the cheapest. Nearly three quarters of people chose their conveyancer on the basis of a recommendation from an acquaintance or an intermediary. Nalders are proud that 97% of our clients say that they would recommend our services. Clients are also regularly recommended to us by estate agents, mortgage brokers and even other
Creating a Financial and Business Lasting Power of Attorney Individuals with business interests have most likely invested blood, sweat and tears into the running of their business to ensure their success. Key Person Insurance may well be at the forefront of your mind, but have you considered protecting your interest if for whatever reason you cannot make certain decisions? Lasting Powers of Attorney (LPAs) should be considered as another insurance policy vital to the ongoing success of your business.
Research shows nearly three-quarters of divorced people did not discuss pensions during their divorce proceedings. In fact, less than one in ten people going through divorce claim they even want a fair share of pensions, despite the likelihood that the average married couple’s retirement pot could be their largest asset. The key findings also indicate that women are less well-prepared for retirement, with only 52% saving adequately, compared with 59% of men, and that divorced women are even less
From 1 April 2018, assured shorthold landlords will not be able to validly enter into a new tenancy, or renew an existing tenancy, unless the energy performance rating for the property to be let is rated at Grade E or above. There will be fines of up to £4,000 for landlords, found to be in breach of the legislation, or who let properties with an energy performance rating of F or G. This change will not affect any
The New Year inspires many of us to make changes in our lives. And although it may seem like a natural, fluid part of moving forward in a relationship, moving in together is a massive commitment. Deciding to cohabitate (the very unromantic-sounding legal term for living together) is a logical next step for many 21st century couples. Unfortunately, unlike many other countries, UK law has yet to ‘cotton-on’ to the fact that for some, although they want to be
Did you know that nearly two-thirds of adults do not have a Will? One of the reasons cited for this astonishing figure is that many people do not feel they are wealthy enough to justify having one. However, the overall average house price in Cornwall is £253,331.00, which is a significant sum, and this is up 10% from house prices in 2007. Should you fail to formalise your wishes regarding the division of your assets on death, your estate