Article Category: Dispute Resolution – Insight & Opinion

Misrepresentation of the facts in contract law can quite rightly, have financial consequences. The importance of making true and accurate representations when encouraging a party to enter into a contract was highlighted in a well-publicised case in 2018, where a premium dating agency was ordered by the High Court to refund a client £12,600 after… Read more »

Help! My tenant has signed a fixed term tenancy and is disruptive as well as regularly late making payments. Can I take back possession before the end of the fixed term? Landlords often seek solicitor’s advice when faced with fixed term tenancy issues. Tenants are protected by the Protection from Eviction Act 1977. It is… Read more »

Contentious Probate Q&A My father has recently passed and I am the executor of his estate. He had a lot of personal effects, which my relatives are squabbling over. What should I do? These personal effects are called chattels. As executor, it is your duty to collect his personal effects and distribute them to the beneficiaries of… Read more »

The relationship between a landlord and tenant of business premises is governed by the Landlord & Tenant Act 1954 (“the Act”). Unless the parties have agreed (by following the prescribed procedure) to exclude the terms of the Act that provides security of tenure for the tenant, at the end of the fixed term of the… Read more »

If you are self-employed and/or run a business, tax is probably something your tax adviser (often your accountant or independent financial adviser) helps you with. Tax advisers should, and usually do, help you to find the best tax products for your business, i.e. those that will limit the tax you pay while ensuring that any… Read more »

A debtor may sometimes try to settle a debt for less than the full amount that is due by informing the creditor that the payment is made “in full and final settlement”. This can often put a creditor somewhere between a rock and a hard place – does the creditor keep the part payment and… Read more »

What has happened at the Royal Bank of Scotland? Ahead of the January 2019 deadline the Royal Bank of Scotland Plc has made changes to its structure, to comply with the UK ring-fencing legislation. The ring-fencing legislation requires each large UK bank to separate their core retail banking services (such as current and savings accounts)… Read more »

The Consumer Rights Act 2015 offers protection to consumers when they enter into contracts for the supply of goods, services and digital content. It also offers protection in relation to unfair terms in a contract. As a business owner, it’s important to make sure you’re aware of the ins and outs of the Consumer Rights… Read more »

On 16 October 2018, the Financial Conduct Authority (FCA) published ‘near-final’ rules confirming its intention to extend access to the Financial Ombudsman Service (FOS) to more small and medium-sized enterprises (SMEs). What does this mean for SMEs? Currently, the FOS only accepts complaints from “micro-enterprises”, which covers those businesses with an annual turnover of up… Read more »

The independence of regulators is often called into question with many wondering, how independent are disciplinary and arbitration panel’s when they are appointed, trained and retained largely at the discretion of the governing bodies? And, is there a case for regulators to make it clearer to those under investigation that the decision-making panel or tribunal… Read more »