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Tag Archive

A Guide To Professional Negligence Claims

When you seek professional advice from a qualified solicitor, architect, financial advisor, surveyor or insurance broker, you expect their expert guidance to be consistent with the best practice for their particular sector. Unfortunately, in some cases, this advice is misleading or inaccurate – and you may incur a substantial financial loss as a result.

All professionals, whatever their area of expertise, have a duty of care to their clients. If this duty of care is breached, and the breach directly results in any form of financial loss or damage to the client, it may be possible to make a professional negligence claim.

This guide is intended to be a brief overview of some of the important considerations and procedures when embarking upon a professional negligence claim.

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Breach Of Contract: What Are Your Options?

It is always important to have the right contract in place for any transaction so that both parties are clear about expectations and obligations. However, no matter how good the relationship between the parties, sometimes disputes occasionally arise if any of the terms of the contract are broken. If you are involved in a contract and the other party fails to live up to their end of the contract, what can you do? One option is to sue them for breach of contract.

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Clearing the Air on Commercial Disputes

Navigating your way through a commercial dispute can be time consuming and stressful. Disruption caused to your business and the impact on managerial time can be costly.
Commercial disputes are becoming increasingly commonplace, and therefore it is essential that businesses obtain strategic advice as soon as possible in any dispute so that they can minimise the impact on the business.

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Notice Jumping and Penalty Clauses

Giving notice to quit employment while often a simple act, can sometimes lead to disputes between the outgoing employee and their soon to be former employer. The logic to this is simply that one is trying to leave, preferably as soon as possible, while the other is now having to fill the gap left by the leaver and requires time in order to fill said gap.

The concept of ‘notice jumping’, though it means a breach of contract on the part of the leaving employee, is nothing new and happens every day in practice. The core question often put to us by employers is what can they do about it?

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Managing Social Media Professionally

Social media is everywhere these days, be it at home, on the train and of course very often in the workplace.

The key platforms as you will no doubt be aware are Facebook, Twitter and LinkedIn. The personal nature of these pages allow the user to share news, gossip, photo and video, no matter how inane or mundane. A profile can be restricted to being seen by family and friends, or alternatively be open to the general public.

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Valid forfeiture of a benefit attained through a compromise agreement (now settlement agreements)

The difficulties of dealing with exiting senior management are the same in all industries. Existing employees, particularly those who have the potential their former employer’s damage, very easily forget their duty of fidelity. Many employers protect their interests by agreeing compromise agreements (from 29 July 2013 compromise agreements have been renamed as settlement agreements). However, does an employee forfeit their agreed financial benefit or payment if they breach their executed compromise agreement? 

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