Contents tagged with Dispute Resolution
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 … more
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. … more
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 occassionally 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.
What Is A Contract?
A contract is a promise or an agreement between two or more parties that is legally binding. This promise can either be made expressly in writing or implied, which means it was communicated orally or by conduct. A contract arises when an offer is made to one party, which is then accepted by another. … more
Eviction is a 3-step process; giving notice, seeking possession from the court, and then enforcement. You must ensure that your notices are correct, otherwise when you seek a possession order from the court, it will be denied. There are two types of notices, a Section 8 Notice, and a Section 21 Notice. There are advantages to each, and it is important to seek legal advice as to which would be the most appropriate in your current situation.
Section 21 Notice
A Section 21 Notice can be used to evict your tenant after the fixed term of the tenancy ends, or at any point during a periodic tenancy (where there is no end date). You have to give 2 months’ notice to evict, and if your tenant does not leave, you will be able to seek a possession order from the court. Unfortunately, Section 2 … more
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 … more
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 … more
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.
There are several types of ADR; including mediation and conciliation, negotiation, … more
There are several Alternative Dispute Resolution (ADR) processes, but mediation is overwhelmingly the most common and frequently used process.
What is Mediation?
Mediation is a confidential where an independent and neutral mediator is appointed by the parties to assist them to reach a settlement of their dispute. The process can take place prior to the commencement of legal proceedings or alongside formal proceedings.
The objective of mediation is to reach a settlement that brings the dispute to an end on terms acceptable to both parties – mediation is not intended to determine the correct legal position of the parties. The mediator does not act as a Judge and does not make decisions – he or she explores options for settlement with the parties.
The Advantages of … more