The housing situation in Britain reached crisis point long ago. Many of those moving into a home of their own are buying new houses, a move that is supported by the government through schemes such as the Help to Buy Equity Loan scheme. But what if your dream new build turns out to be a nightmare of shoddy workmanship and numerous faults? Recently, Bovis Homes, one of the biggest housebuilders in the country was forced to pay £7 million to repair badly built homes have complaints from owners. Does this revelation mean more regulation is needed to ensure newly built homes meet a certain standard? And what can buyers do if their home has numerous serious defects? more
Ever since they received the Right Honourable Lord Justice Jackson’s endorsement in his landmark 2010 report, the use of Conditional Fee Arrangements (CFAs) and Damage Based Agreements (DBAs) has increased substantially in the UK. Not only have these types of agreements provided clients who may have struggled to fund litigation greater access to justice, their growing acceptance has opened the door for solicitors and their clients to take advantage of litigation funding on a more strategic level than ever before. more
One of the reasons the legal system in the UK is so highly regarded is that we have a clear separation of powers between the three functions of the Government; the Legislature, Executive and Judiciary. more
It is becoming more and more common for those who believe they are entitled to benefit under a Will to contest it if they find they have been left out. Rising property prices means that more estates are worth a great deal of money, which is cited as one of the primary reasons that more cases are occurring. more
Adjudication is a fast mechanism for settling disputes relating to construction contracts on a provisional interim basis. Adjudication provides for a tight timetable and requires the impartiality of an adjudicator. There is a right to refer a dispute to the Technology and Construction Court at 'any time'. more
Disclosure where each party to a dispute is required to show the other side documents which are related to the case. Disclosure is one of the most time and cost heavy aspects of any civil claim, especially in complex cases. The court will generally try to take steps to ensure the scope of any disclosure exercised is reasonable and proportionate. more
Most people believe that if they engage a solicitor in a dispute they will end up in court. Fortunately, both in terms of time, stress and your bank balance, this is not the case. In fact, very few people who begin litigation ever see the inside of a courtroom. This is because most cases are settled before their day in court arrives. more
Defamation may occur when a person makes a statement that damages your reputation. The 1936 case of Sim v Stretch provided the common law test which is 'would the words tend to lower the plaintiff [claimant] in the estimation of right thinking members of society generally?' Lord Atkin said: “A defamatory statement is one which injures the reputation of another by exposing him to hatred, contempt, or ridicule, or which tends to lower him in the esteem of right-thinking members of society.” more