Civil Disputes

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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...

The Deceased’s instructions to his solicitor were clear: he wanted the house to go to his daughter and the balance of his Estate to be divided amongst the rest of the children. Save that for some reason, the clause about the house didn’t make it into the Will. Does this mean the daughter loses out on the house? Not necessarily. One option available to her is rectification of the Will. Traditionally, a Will was always treated as inviolable, whether or not...

Record fine handed out by FSA. The Financial Services Authority has recently fined Alliance and Leicester Plc a record £7m for “serious failings” in the sale of their Payment Protection Insurance, or PPI as it is commonly known. Between January 2005 and December 2007 A&L sold approximately 211,000 PPI policies to customers at an average price of £1,265. They were intended to cover the customer's loan repayments in the event of sickness or unemployment. However, investigations by the FSA discovered that PPI...

The Civil Partnership Act 2004 is a radical piece of social legislation and is an important development in family law in the U.K. The Act came into operation on 5th December 2005 enabling same sex couples to register their relationships in the same way as heterosexual couples. This legislation enables same sex couples to obtain legal recognition of their relationship and couples who form a civil partnership have a new legal status of “civil partner”. Civil partners are now treated on...