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County Court Work Increasing

Posted by on October 10th 2017 in Blog Posts

Figures from the Ministry of Justice reveal that there has been an increase in all work at the County Courts between January to March 2017.

The rise has been down to an increase of personal injury cases which were up by 10% and a rise of specified money claims which were up by 22%.  In the first quarter of 2017 over half a million claims were lodged at the County Courts, making it the highest figure since 2009!

The Ministry of Justice findings in the quarterly statistical update showed that where matters were defended, 56% had legal representation for both claimant and...

New CNG Form For Land Registry

Posted by on October 4th 2017 in Blog Posts, Property

New CNG Form For Land Registry

The Land Registry has introduced a form (form CNG) to enable the registered proprietor of a property to update their name on the register following a change of gender. There is no cost for making the application however the form must be accompanied by some form of evidence – a gender recognition certificate, new birth certificate or a UK medical practitioner’s letter. If the proprietors chosen evidence is the practitioner’s letter then it must confirm that they have lived in their new gender for two years and are now known as the name specified on the form.   There are procedural...

No Duty To Point Out Other Sides Mistake

Posted by on October 4th 2017 in Blog Posts

No Duty To Point Out Other Sides Mistake

In Higgins & Ors v ERC Accountants & Business Advisers Ltd the Claimant had failed to validly serve a claim form with their claim. 

The Claimant’s solicitors argued that the defendants were taking advantage of the mistake that had been made.

Judge Pelling QC held that the mistake of not serving the claim form was not a trivial and described it as the most basic step in ligation.  Judge Pelling rejected the argument that the defendant solicitors should have pointed out the mistake and were under no duty to correct the error.  In his view, had they pointed out the error they...

What Can You Do If Your Flight Is Cancelled By Ryanair?

Posted by on September 28th 2017 in Blog Posts

What Can You Do If Your Flight Is Cancelled By Ryanair?

Ryanair has recently announced that hundreds of flights are being cancelled between mid-September and October leaving as many as 400,000 passengers without flights, due to issue with the lack of planning of pilot holidays.

What can you do if your flight is cancelled?

You can apply for a refund

You are able to apply for a refund if your journey is disrupted by a cancellation even if it is only the outbound trip that is affected.

You can choose an alternative flight

Ryanair has stated that that in most cases it will offer an alternative flight either earlier or late than...

Flexible Working Hours

Posted by on September 28th 2017 in Blog Posts, Employment

Flexible Working Hours

A survey of 1000 parents has suggested that those who request flexible working to enable them to look after their children are punished for doing so by being given fewer hours, worse shifts and in some cases have lost their jobs.  

The survey focused on mums and dads in “low paid” jobs particularly in the retail, hospitality and social care sectors and identified that part of the problem is that many employees are unaware of their rights to flexible working.

Every employee who has been employed for 26 weeks has the statutory right to apply for flexible working – as long...

The Grey Area Explained; Banks and the Intermediate Duty

Posted by on September 7th 2017 in Blog Posts, Litigation

The Grey Area Explained; Banks and the Intermediate Duty

The case of Hedley Byrne & Co Ltd v Heller & Partners Ltd [1964] AC 465 (‘Hedley Byrne’) sets out the primary duty on financial institutions to take reasonable care not to misstate any facts on which the customer might be expected to rely. However recent case law suggests that banks have a greater duty than just a duty to take reasonable steps not to mislead.

In Crestsign Ltd v National Westminster Bank [2014] EWHC 3043 (Ch) (‘Crestsign’), the Judge, Timothy Kerr QC, accepted that when giving information about the financial product, the bank owed a duty to fully explain and...

Released Today: Entitlement for Free Childcare

Posted by on September 1st 2017 in Blog Posts, Family

UPDATE: Childcare Act 2016 – Entitlement to Free Childcare from Today

The Childcare Act 2016 (Commencement No 2) Regulations 2017 (the “Regulations”) were made on 19 July 2017. The Regulations bring into force sections 1(1) and section 6 of the Childcare Act 2016 (the “Act”) on 1 September 2017, which increase free childcare entitlement for parents. 

Currently, parents of three or four year old children in England get 15 hours per week of free childcare. The Act and Regulations effectively double eligible parents’ entitlement to free childcare for their child, meaning they will be entitled...

New Debt Recovery Protocol; what businesses need to be aware of...

Posted by on August 31st 2017 in Blog Posts, Debt Recovery, Insolvency

New Debt Recovery Protocol; what businesses need to be aware of...

On 1 October 2017, there will be a new Pre-Action Protocol to follow for debt claims involving businesses pursuing individuals. To be clear the new Protocol does not apply to business to business debts unless the debtor is a sole trader.

The most important change companies should be aware of is to the Letter Before Action which needs be sent by post to the debtor before proceedings are issued.

The new Protocol sets out various details that need to be included in the letter, specifically;

  • The amount of the debt and whether interest or other charges are continuing to accrue;
  • Details of how...

Can a Judgment be delivered by way of a letter to a child?

Posted by on August 30th 2017 in Blog Posts, Family

Can a Judgment be delivered by way of a letter to a child?

In Re A (Letter to a Young Person) (Rev 1) [2017] EWFC 48, a 14 year old child instructed his own solicitor and made an application to relocate to Scandinavia with his father. In the alternative he applied for more contact with his father and if his father relocated without him then he wished for some clarity regarding the contact arrangements. He was considered competent to make the application himself but his father subsequently proceeded with the application.

There were legal arguments over whether the child would give oral evidence – he and his father wanted him to do so; the...

Ping fined £1.45m; warning to companies that preventing its products from being sold online could be illegal

Posted by on August 29th 2017 in Blog Posts

Ping fined £1.45m; warning to companies that preventing its products from being sold online could be illegal

Companies should take appropriate measures to ensure their internet policies do not breach competition law, or be aware that they run the risk of having a financial penalty being imposed by the Competition and Markets Authority (‘CMA’).

Ping have been fined £1.45 million by the Competition and Markets Authority for breaching competition law with regards to their internet policy.

Ping were preventing two UK retailers from selling its golf clubs on their websites in an effort to promote in-store custom fitting. Ping acknowledged this in their statement last week by saying; "Our Internet Policy is an important procompetitive aspect of our long–standing...

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