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Tag Archive

3 Dangers Of Non-compliance With The Pre-action Protocol

The pre-action protocols are an important part of the Civil Procedure Rules. Their aim is to prompt and encourage correspondence between the parties prior to any action being taken. This could ultimately lead to some agreements being made about facts or a compromise being settled before litigation is considered. In addition, the protocol aims to encourage an exchange of information at an earlier stage in proceedings. A crucial document could be exchanged which could prompt a settlement or compliance with the contract. It will also encourage better investigation into the facts as alleged by both sides in order to correspond with each other. Ultimately, the aim is to try and settle before litigation is required, but if it is required, it can enable the litigation proceedings to run to the courts timetable efficiently.

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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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The Dangers of Not Having a Partnership Agreement

It is very easy to set up a partnership and even just an oral agreement can be sufficient to form a partnership arrangement. The law says that a partnership is quite simply the relationship which subsists between persons carrying on a business with a common view of profit. So even you and your friend gardening together and dividing the profits could mean that a partnership has been formed. A partnership is governed by a partnership agreement and would regulate the powers and duties of the partners in relation to the business. It could also dictate the way assets or liabilities are divided upon dissolution of a partnership. However, if a partnership agreement has not been drawn up, then the powers and duties of the partners is regulated by the Partnership Act 1980. This legislation does not cover all circumstances and eventualities, and as such partners can find themselves stuck in a situation where there is no legal recourse. Below are two of the many dangers that you could face if you conduct your business without a formal partnership agreement.

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Enforcement Methods in the Civil Courts

Once a judgement has been given by a County Court, it is unusual that any further action will need to be taken. In the vast majority of cases, the losing party will pay the amount ordered and business will continue as normal. However, there are occasions where the losing party will fail to comply with the judgement, and so something will need to be done in order to enforce the judgement.

Enforcement should be considered before proceedings are even commenced if the party with whom proceedings are brought is uninsured. The practical considerations that need to be addressed before commencing any sort of litigation is whether the opposing party would have the means to pay what you would be pursuing for. You could spend a lot of money on legal fees taking it forward, only to be unable to enforce the judgement.

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How to Solve Your Dispute Without the Expense of Court

Alternative Dispute Resolution (ADR) is a blanket term for various methods of resolving your legal dispute without going to court. It very often involves the inclusion of an independent third party to assist in resolving the dispute. ADR is actively encouraged by the courts and politicians and it forms part of the pre-action protocol in the Civil Procedure Rules and Practice Directions. Although the Rules require that the parties should consider whether either negotiation or some other form of ADR is appropriate, it is an entirely voluntary process and all parties can withdraw at any time. However, those who do not consider other forms of ADR must be prepared to explain why to the court.

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Litigants in Person: Do They Have the Upper Hand?

We often hear from commercial clients that when they are involved in a case where their opponent is a litigant in person that the Court almost bends over backwards to help the litigant in person, and sometimes they feel that they are at a disadvantage.

Whilst it is usually the case that the Court will take time to explain procedure to a litigant tin person, the case of Barton -v- Wright Hassall LLP [2018] UKSC 12 illustrates that the Court do not apply special rules for litigants in person.

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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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The Legal Risks Around Mismanagement of Mental Health Issues

Wednesday was World Mental Health Day, a good time for employers to look at their legal obligations towards staff who are suffering with mental health issues.
In this article we bring you up to speed with some of the issues which surround mental health in the workplace and provide you with a broad outline of some of the potential claims that might arise if you mismanage an employee who is suffering with mental health issues.

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Our All New 5 Step Guide to Reducing Sickness Absence in the Workplace and Preventing Discrimination Claims

Managing sickness absence is a pivotal part of the successful running of your business. Letting sickness absence get out of control can mean that be business is not as productive, or efficient, as it could be. However, mismanagement of sickness absence can lead to a disability discrimination claim which could cost your business thousands of pounds.

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