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Archive for the: Blog Posts category

Proposals to Ban Gazumping and Gazundering

Posted by on October 30th 2017 in Blog Posts, Property

More Certainty for Home Buyers and Sellers: Proposals to Ban Gazumping and Gazundering

Gazumping: where sellers accept a higher offer, having already accepted another buyer’s offer.

Gazundering: where homebuyers threaten not to complete a sale unless money is knocked off the price at the last minute.

Currently, buyers and sellers alike can do nothing to stop either Gazumping or Gazundering hindering a property sale, which causes uncertainty and leads to wasted costs on both sides of the transaction.  

Paula Higgins, chief executive of the Homeowners Alliance said:

“Gazundering, gazumping, collapsing chains, and one in three sales falling through. It takes too...

Parental Bereavement (Pay and Leave) Bill

Posted by on October 27th 2017 in Blog Posts, Employment

Parental Bereavement (Pay and Leave) Bill

The Parental Bereavement (Pay and Leave) Bill was published on the 13th October 2017 with its second reading having taken place on the 20th October 2017.  The Bill follows on from the Parental Bereavement Leave (Statutory Entitlement) Bill from 2016-17 which was sponsored by Will Quince MP but failed to progress before the General Election.

The Bill is a Private Members’ Bill having been introduced by MP Kevin Hollindrake. The Government has backed this Bill and the Conservative Governments Manifesto prior to the 2017 General Election included a new entitlement for parental bereavement leave. The Bill therefore has a strong chance...

Filing of 'Electronic Bill of Costs' to be Delayed

Posted by on October 24th 2017 in Blog Posts

It was previously thought that the introduction of the New Electronic Bill of Costs would come in October 2017 requiring parties to file an electronic bill of costs in both the Senior Courts Costs Office and the County Courts. However, the Civil Procedure Rules Committee has delayed the introduction of the bill until April 2018 due to the need to ensure that the County Courts IT infrastructure can handle the electronic filing of costs.

The change is to encourage efficient production of bills and Lord Justice Jackson has made the recommendation that firms review their time recording systems so that...

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...

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