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Compliance with specification - is it enough?

It is often argued by contractors with a design responsibility that where they have complied with a prescribed specification set out in their contract, such that their design meets that specification.

Pre-Action Protocol for Debt Claims

The Ministry of Justice has published the Pre-Action Protocol for Debt Claims (the “Protocol”), which came into force on 1 October 2017.

Business life cycle: how to start a successful business

People start or buy, businesses for two main reasons: to do something they enjoy, and to make money. Most set off on their new journey full of optimism, seeing opportunities around every corner.

A guide to setting aside default judgment

A default judgment it is a judgment which has been obtained by a claimant by default because the defendant has failed to respond to the claim. The judgment is granted without the court considering any evidence or submissions from the defendant.

Forfeiture for rent arrears

We were instructed on behalf of a commercial landlord who was seeking to take back possession of its premises because the tenant was not paying rent. The tenant was in substantial arrears, but was continuing to carry on a restaurant business from the premises.

Navigating a TOLATA claim?

A TOLATA (Trusts of Land and Appointment of Trustees Act 1996) claim can be a complex process. The best method for avoiding a TOLATA claim is to prevent one arising in the first place by taking pre-emptive measures with any cohabitees. A written agreement between the parties can save a wealth of time and expense on protracted court proceedings.

Managing disrepair claims

As a landlord, you have obligations under S11 of the Housing Act 1987 to keep your property in good repair. In particular, you are responsible for:

Purchasing property with another member of the family

It is not unusual for property to be co-owned by family members within a farming family, regardless of whether or not those members are actively involved in the farming business.

Flurry of Inheritance Act 1975 cases

There has been a flurry of Inheritance Act 1975 cases in the last few weeks, most recently the case of Re H where an adult child claimant was successful despite her being estranged from her father and having had no financial assistance from him for a number of years prior to his death, and he had left his estate to his elderly and disabled spouse.

HMRC should brace itself for challenges as Tribunal rules in favour of dentist who used remuneration trust scheme

A recent decision by the First-tier Tribunal has decided that contributions to, and subsequent loans from, a remuneration trust scheme were not ‘earnings’ or disguised remuneration.