Terry and Gail Beaumont who run an alpaca farm in Cumberworth, have settled their case against Evoco Energy Ltd out of Court for an undisclosed amount. The claim defended by the firm’s insurers was settled in advance of a High Court hearing which was due to take place.
People who thought they could stay in properties for life, as if they owned them, are liable to be evicted if their landlord fails to pay the mortgage. If you are in this position and were not advised of this risk when you sold your property, then you may have a claim in negligence against your solicitor.
The highest fines ever have just been imposed on banks by regulators in the US and UK for dishonest manipulation of the foreign exchange index. This Forex scandal comes hot on the heels of the LIBOR scandal and interest rate hedging product misselling.
Jeanette is campaigning for patients’ relatives to have easy access to a simple check-list which will help identify whether basic but vital care procedures are being missed in hospitals and care homes.
Whenever a party suffers some form of injury or loss, whether by breach of duty or breach of contract, it has an obligation not to make matters worse. This is known as the duty to mitigate loss. The duty to mitigate loss means that a claimant must ensure that it minimises the loss it has suffered by taking reasonable steps to ensure that, where possible, the loss does not increase, and to not take unreasonable steps which may increase the loss.
A Lasting Power of Attorney (LPA) allows someone, referred to as a Donor, to choose attorney(s) to take control of their finances. The Donor should choose someone they trust since once the LPA for property and affairs is registered with the Office of the Public Guardian, it can be used immediately by the attorney - unless there are a specific restrictions.
Deputies and Attorneys who manage an incapacitated or a vulnerable person’s (“P”) finances have to be careful about releasing P’s funds to others, including to themselves. Deputies and Attorneys can make certain gifts on behalf of P provided there are no restrictions contained within the Power of Attorney or the Deputyship Order.
A person making an application for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 (“the Act”) should first consider the value of the deceased’s net estate. If the deceased was of limited resources any such claim should be advanced with caution, as ultimately if a claim is successful then financial provision will be made from the deceased’s net estate.
The case of Clarke v Cognita Schools Limited  highlights the complicated relationship between the Civil Procedure Rules (CPR) and the Insolvency Rules. This particular case concerned a decision about whether or not a debtor, applying to have an application for a statutory demand dismissed, is entitled to receive a statement, in the Order that they have the right to have the order set aside, varied or stayed. In this particular case, the debtors were not correct to have applied the CPR when deciding their grounds for challenging the bankruptcy order made against them.
You may be surprised to hear that if you want to use any legal expenses insurance cover to help you fund a legal case, the insurer cannot force you to use a solicitor of their choice.