Blog

You are here: Home » Resources » Blog
October 2, 2013
02 Oct 2013

The Government’s help to buy scheme and mortgage mis-selling?

The introduction of the second phase of the help to buy scheme is opening for applications. It aims to encourage lenders to offer more high loan to value mortgages, by providing a government backed 15% insurance policy for the banks, meaning borrowers need only find a 5% deposit to buy property worth up to £600,000.

The government guarantees the property in the event of default or repossession, covering part of the lenders losses. However, will borrowers be left exposed to bad lending decisions?
Read more →

in blog
September 19, 2013
19 Sep 2013

Wills - A Lack of Understanding?

Making a Will can be a complicated process. A solicitor preparing a Will needs to be confident that the person making the Will has capacity to do so i.e. that they understand the nature and effect of making a Will, the extent of their estate and the claims of those who might expect to benefit from the Will. For the purposes of The Mental Health Act 2005, a person lacks capacity in relation to a matter if they are unable to make a decision for themselves because of an impairment or disturbance in the mind or brain.

Read more →

in blog
September 16, 2013
16 Sep 2013

Man of Straw - Building Disputes

One of the most common reasons I am unable to take cases on has nothing to do with the legal merits of the case. Unfortunately, all too often the problem is that the proposed defendant does not have the means to pay even if we win the case. It’s always a big disappointment and sometimes hard to take.

Read more →

in blog
September 9, 2013
09 Sep 2013

Deposit Protection - A Dilemma

Since 6th April 2007, Landlords across England and Wales have been required to protect their tenants’ deposits in an authorised scheme.

However, there is still some confusion about the finer details of the law. I am often asked by Landlords whether they need to protect tenants’ deposits if they were paid before 6th April 2007 or where a periodic tenancy came into force after 6th April 2007.

The Court of Appeal in recent the case of Superstrike Ltd v Rodrigues [2013] has addressed this issue. The Court confirmed that it is necessary to protect a deposit in such circumstances. The implications of not doing so are best illustrated in a case I recently handled.
Read more →

in blog
September 2, 2013
02 Sep 2013

Will disputes and ownerless goods

Did you know that if you die without leaving your estate to anyone, it may end up in the hands of the Government or Royal Family? This is because of a law dating back to the middle ages that stipulates that ownerless goods go to the treasury but if the deceased was within the jurisdiction of the Duchy of Lancaster or Cornwall, it goes to the Duchy of Lancaster or Cornwall i.e. Prince Charles!

Needless to say, most people would rather their assets go to a loved one or a family member instead of the Government or The Royals. Last year the Duchy or Lancaster and Cornwall received £3.36 million and £552,000 respectively from these ancient laws. In addition the treasury received a hefty £38.5 million from intestate estates where there were no close relations found to allocate the estate under intestacy laws.

The obvious step is to make a Will, yet most surveys suggest around half the UK adult population has not done so.
Read more →

in blog
August 27, 2013
27 Aug 2013

Solicitor Negligence – A Miner and underpaid compensation

When it comes to professional negligence, it’s easy to forget that solicitors can also end up causing their clients financial loss. When you are putting forward a claim, you trust your solicitor to provide you with the best possible legal advice, and when they do not observe this professional duty they need to be held to account.

A case of solicitor negligence recently came to light, where a former coal miner won a case against his previous solicitors who negligently provided him with advice that led him to abandon part of his claim.

Mining is undoubtedly a hazardous occupation –Inhalation of dangerous materials, injury from equipment or vibration white finger are among the more common claims, and it’s down to solicitors to ensure that when accidents happen, miners are awarded the proper compensation to help them cope with the aftermath.
Read more →

in blog
August 16, 2013
16 Aug 2013

Will Disputes: Under Pressure?

I have a number of on-going Will dispute cases where my clients are concerned that pressure was been applied on a relative when they made their Will. In legal terms, this is known as undue influence and, if proven, can allow the court to set aside a will and revert to an earlier will or an intestacy.

Take my client, Mrs Winter for example. She’s one of two sisters but, despite being close to her late mother, she discovered that after her death she had actually changed her Will shortly before she died, leaving Mrs Winter nothing. Upsetting news for any daughter so close to her mother, but what made it all the more upsetting was seeing her mother’s previous Wills which all stated she wanted to leave everything equally between her daughters.

Read more →

in blog
August 6, 2013
06 Aug 2013

Independent Financial Advisors; an end to confusing charges?

A recent shake up of the financial world was designed to make the process of engaging and paying IFAs simpler, clearer and more transparent. This followed years of hidden commissions with consumers kept in the dark as to the true cost of advice.

The new rules provide for:

  • A total ban on commission payments
  • Fees to be agreed with consumers up front
  • A broader scope of products on which an advisor must be able to advise on in order to operate as an IFA and the introduction of a new definition of “Restricted Advice”.
  • A requirement for IFAs to spell out all charges very clearly – in pounds and pence, rather than as percentages.

The changes were welcomed by many, who felt they have been short-changed for years, particularly when compared with the Investment Fund Markets in countries such as the United States. The US pay half as much as the UK for financial advice.

The financial world is complex to navigate. It’s no wonder that we rely on the expert knowledge of IFA’s. Unfortunately this has left consumers vulnerable.

Read more →

in blog
July 26, 2013
26 Jul 2013

Where there’s a Will…..there’s a way?

Or so you would think! Thanks to the Government’s recent decision not to regulate Will-writing services people continue to be at risk from certain unregulated Will writers.

A two year investigation by the Legal Services Board, whose overriding mandate is to ensure that regulation in the legal services sector is carried out in the public interest; and that the interests of consumers are placed at the heart of the system, concluded that one in five Wills contain mistakes. It also found many consumers who purchase Wills from unregulated firms receive poor service which can cause practical problems, financial losses or in some cases, emotional harm.

Sadly, it is only after a loved one’s death when the Will is reviewed that such incompetence is revealed, resulting in will disputes.

Read more →

in blog
July 16, 2013
16 Jul 2013

A Case of Solicitor Negligence - Unfortunate Mike

From time to time we all struggle to complete our personal ‘to do’ lists. Whether it’s painting the shed, writing a thank you card, getting fit or… in my case…. all 3! But for a professional, the results can be much more serious than carrying a spare tyre or having a rotting shed. I’m dealing with a case at the moment that really highlights the importance of solicitors sticking to court deadlines and keeping on top of their professional ‘to do’ lists.

I’ll call my client Mike and Unfortunate could well be his second name. Poor Mike was the innocent victim of a violent and unprovoked assault on the way back from the pub. He suffered numerous injuries, the worst of which was a broken ankle which required no fewer than 3 lengthy and painful operations.

Read more →

in blog




Call Back Request

Leave your details



© Copyright - Redress Law