Civil Disputes

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Clients wins flight delay compensation claim We were recently approached by a gentleman who wanted our assistance in recovering compensation for a flight delay that occurred in 2011. He consulted us just a matter of weeks before his compensation claim would have become time-barred. Fortunately we were able to act quickly to avoid him missing out. The man and his two travelling companions had been due to fly from Saltzberg to Exeter when his flight was cancelled one hour before he was scheduled...

Critics of the recent government imposed hike in court fees have have hit out against the spiralling cost of litigation. According to a recent poll, 90% of dispute specialists said the twin factors of rising court fees and increasing disclosure costs would dissuade potential litigants. The recently imposed cost-budgeting procedures were also criticised for driving up legal costs. Ironically the measures had been intended to reduce litigation costs! Fees in the county court have been massively increased by the government, with 5% of...

If you’re planning to move in with your partner it might be wise to take professional advice first. One of our family law team explains why. The myth of the common law wife Living together, or cohabiting as lawyers call it, was once relatively uncommon, but as marriage has fallen out of favour it has now become the preferred arrangement of millions of couples in the UK. People tend to assume that couples who live together benefit from the same rights as...

The dream of owning a Spanish holiday home in the sun turned into a nightmare for thousands of British people when property developers across Spain went bust during the recession. However, the British investors who lost substantial deposits have now been given hope of recovering their money by the Spanish courts. Judges in Spain have said that people who lost money when ‘off-plan’ developments failed to be built are entitled to claim financial redress from the Spanish banks who failed to protect...

Litigation Solicitor, Roger Cheves, looks at time limits governing enforcement of court judgments It is a common misconception that if you have obtained a court judgment for payment to you of money, you are home and dry and can take your time over enforcing the order. Not so; there is a little-known rule in the Limitation Act 1980 which requires that money judgments must be enforced within six years of being awarded. There is, additionally, a further twist to the story....

North Devon (along with other areas in the South West) has been identified as a cavity wall insulation mis-selling hotspot, though the term wet-spot might actually be more accurate. Evidence is mounting of the connection between cavity wall insulation and homes that have developed problems with damp, condensation and mould. For decades cavity wall insulation was seen as a relatively cheap and environmentally friendly way to conserve energy. It was calculated that the existence of cavity wall insulation could save home owners...

Civil Litigation Solicitor, Roger Cheves, reviews the latest addition to our consumer protection legislation The Consumer Rights Act 2015 is the largest change in consumer rights for decades. It is intended to strengthen and bring consumer rights law into the twenty-first century. The legislation replaces the Sale of Goods Act, Unfair Terms in Consumer Contracts Regulations and the Supply of Goods and Services Act. The new Act introduces: 30 days to get a refund - a specific timeframe has been introduced in which...

The Volkswagen (VW) emissions scandal has been widely reported by the press over the last week, but what does it actually mean for VW owners in the UK. Over 40 years ago VW had attempted to cheat on emissions by installing temperature-sensitive devices on 25,000 models in the US. They eventually settled on a $120,000 penalty. Today however they are accused of installing a sophisticated technology which recognises an emission testing environment and adjusts the performance of the vehicle. This technology...

Solicitor Emma Slade looks at the circumstances in which Litigants in Person can recover their legal costs and how we can help them The usual cost consequence in litigation is that the losing party should pay the successful party’s legal costs. But what if you, as the successful party, are a Litigant in Person (LiP)? What can you claim? The Litigants in Person (Costs and Expenses) Act 1975 allows a LiP to recover “sums in respect of any work done and any...

As the small claims limit rises to £10,000 we predict an increase in the number of Litigants in Person and the growing popularity of new Damages Based Agreements It can be frustrating for a solicitor when facing an opponent who has decided not to instruct a lawyer of their own and is representing themselves in Court. No matter how confident they may be in their own abilities “Litigants in Person”, as self representing parties are known, don’t have the experience or understanding...