We’ve all heard the saying “better late than never” but the same cannot always be said when it comes to bringing legal claims. Strict time limits apply for the commencement of legal proceedings and all too often the innocent party is told they have left it too late to bring a claim and are therefore unable to remedy their situation.
Entering into contracts is an everyday event for all of us, be it in the course of a business, or simply entering into the local shop to buy your daily newspaper. Not all contracts need to be in writing, they can be oral or simply implied by conduct.
A contract cannot incorporate every eventuality, and in commercial disputes it is all too common for parties to a dispute to claim that the written contract does not deal with all the agreed terms, or that what was agreed was varied thereafter.
We would like to take this opportunity to wish all our clients (and opponents!) a very merry Christmas and a happy new year. We will be closed from 23rd December until 2nd January
For the last 5 years, we have supported a local homeless charity. Rather than send Christmas cards to clients we make a donation to the Huggard Centre. Huggard are a charity tackling homelessness and overcoming the problems and barriers that force individuals to sleep rough on the streets.
Four unfortunate families have been engaged in a fight for ownership of their properties. They paid around £80,000 14 years ago for their homes and yet still have no clear ownership.
The building of 56 houses at Happy Valley Road in Blackburn, West Lothian, ceased after builder Braid Homes went bust. In November 2000, the Keeper of the Registers informed solicitors that the four completed houses (along with the sewer outlets for another 17) were on land owned by farmer Robert Findlay. In February 2002, the land was sold to property developer Crannog for £150,000, in spite the previous ownership issue remaining unresolved.
Hardly a week goes by without another piece of bad publicity for banks. A transcript of a document has recently been revealed in a case involving Indian firm Unitech Limited who are seeking to set aside interest rate swap products and loans on the basis they were mis-sold. This case is being heard along with a case against Barclays brought by Guardian Care Homes.
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The death of a close family member can be a very difficult time in someone’s life. It can add to the loss and confusion to discover that you have been excluded from an inheritance. Often it can take time to take it all on and consider what to do. Unfortunately, time is not usually on your side. In order to pursue a claim under The Inheritance (Provision for Family and Dependants) Act 1975 you must act swiftly.
Cameras have recently been allowed into court to record court proceedings in the Court of Appeal, following a partial lifting of the long-standing ban. For many years filming was banned in court, except for the UK Supreme Court. Now live broadcasting is available in all of the Courts of Appeal in the UK, but only one court can be covered in a day.
Cameras are still not allowed in Crown and Magistrate courts but it can only be a matter of time until this happens. Broadcasters have been lobbying for change for many years and they will not be satisfied with dry legal arguments in the Court of Appeal.
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Pay day loan companies have recently come under a great deal of scrutiny from the Financial Conduct Authority (FCA), politicians and even the Archbishop of Canterbury has had his say. It’s a sign of current times when people are borrowing relatively modest sums for a short period, but end up paying back thousands of pounds to the lenders, with some companies charging annual interest rates of almost 6,000%.
The FCA is due to take over the regulation of the industry next April and already has the power to cap the cost of pay day loans. In an attempt to further tighten controls, in an amendment to the banking reform bill going through Parliament, the Chancellor has now put a duty on the FCA to use those powers to impose a cap. This includes tighter controls on charges including arrangement and penalty fees. Other proposals include limiting the number of loan ‘roll- overs’ to just two.
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The Gaekwads of Baroda are one of India’s wealthiest royal families. The Maharaja of Baroda was once the ruler of a powerful princely state, with his own army and navy which he controlled from the Laxmi Vilas Palace, a grand pile believed to be four times the size of Buckingham Palace.
Trouble began on the death of the Maharaja in 1988 when his younger brother Ranjitsinh succeeded him and his other brother Sangramsinh claimed he was entitled to a half share in the estate on the basis of family tradition. Sangramsinh brought legal action and was disowned by his mother. The bitter dispute was only settled after the coronation of Ranjtsinh’s heir, the new Maharaja some 23 years later!
Ever since the PPI mis-selling scandal banks have been under pressure to compensate customers who have found themselves out of pocket due to error or malpractice. PPI has become a costly business for the banks, with billions being repaid to customers who had been sold an unsuitable product.
Now the banks are under pressure again for breaching the rules, this time for wrongfully charging interest on personal loans due to vital information not being included when issuing arrears notices or loan statements.
