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Unfortunately, disputes between neighbours over the location of the boundary can be hard-fought and difficult to resolve. Boundary disputes relating to people’s homes can be particularly tough to settle; neither party wanting to be seen to “give up” part of their...
Purchasing a home can be costly, and it is well documented that getting that first step on the property ladder can be especially difficult. However, there are various government schemes set up to help you on to that first rung. We look at the schemes available to you...
The Competition and Markets Authority (CMA) has this week published a report into care home fees after a year-long study. Unfortunately, the CMA found that care homes have been charging large, upfront fees, and charging families for weeks after their relatives had...
In my last article I wrote about minority shareholders claims. I looked at company disputes from the perspective of remedies available to shareholders as individuals. Minority shareholder claims, however, are useful in disputes between the shareholders. Further, they...
The Chancellor announced the Autumn 2017 Budget on Wednesday. One of the more popular proposals within the Budget has been welcomed by those attempting to climb onto the property ladder. What was announced? With immediate effect, stamp duty will be cut for first time...
Today saw the Chancellor, Philip Hammond, announce the first autumn Budget. Experts predicted a fairly unexciting affair, with money required for dealing with Brexit. However, some announcements were made that are likely to impact daily life more immediately. We have...
Almost every commercial tenant has a right to quiet enjoyment of their property. But what happens where the landlord interferes with this right? We look at the right to quiet enjoyment, and an example from last year. Right to quiet enjoyment Landlords are under an...
Over the last couple of weeks, the Courts have published two rather helpful construction law cases. The first in relation to breaches of contract, and the other regarding pay less notices. We take a quick look at both, below. Interserve Construction Ltd v Hitachi...
Earlier in the year, the House of Lords Select Committee on the Licensing Act 2003 gave its findings. Last week, the Government published its official response. House of Lords Select Committee The House of Lords Select Committee set out various findings following a...
It is common for commercial leases, particularly when a lease is for a longer term, to include a break clause. This is also known as an option to determine and is usually agreed between the landlord and tenant prior to entering into the lease. So, what exactly is a...
Shareholder disputes are unfortunately common in small companies. This article looks at one possible remedy; a petition for unfair prejudice pursuant to section 994 of the Companies Act 2006. Minority shareholder claims Shareholder disputes often begin where a...
Cutting back a tree on your property may seem like a normal right for a home owner. However, certain trees in certain areas are protected by Tree Preservation Orders (TPOs). It is important therefore to know whether there are any restrictions that would put an axe to...
I previously wrote an article discussing a claimant’s obligation to mitigate his or her loss. The last article discussed the general application of the principle of mitigation and what would be expected of the claimant. There have been a number of notable examples...
Today our managing partner, Steven Newdall, took part in Jail and Bail 2017 for St Gemma’s Hospice. Volunteers from West Yorkshire Police came to our offices and ‘arrested’ Steven for his terrible crimes against hoarding in his office. His secretary recently tidied...
If you are a landlord with tenants on long leases, a breach of lease will not always mean you want the property back. Not least because forfeiting a lease can sometimes be difficult. What are your options if you want the problem rectifying, but are otherwise happy for...
With so many steps to follow, litigation can be a minefield at times. Issues can arise at any time. For example, once proceedings have been issued and defended, the parties will be expected to disclose documents in their possession. A recent case looked in depth at...
While not particularly glamourous or exciting, debt recovery is an important part of many businesses. While some choose to deal with certain elements of debt recovery in-house, some outsource it to legal services providers such as solicitors. Prior to issuing any...
The Third Parties (Rights Against Insurers) Act 2010 (“the Act”) came into force in August 2016. It has proven to be of undoubted significance insurers and those bringing claims against insured parties. The aim of the Act was to streamline the process of third parties...
An action must be commenced at court within a specified period, known as a limitation period. Therefore, if you are thinking about bringing a claim, it is important to work out whether you are in time to do so. Limitation periods differ depending on the type of...
Levi Solicitors LLP is very pleased to announce the qualification of trainee solicitor, Louise Burgess. Louise now joins our Commercial Property department as a solicitor. Louise joined Levi Solicitors LLP in September 2015 as a paralegal in our commercial property...
Owners of leasehold apartments and flats usually have to pay a service charge to their landlord. The landlord will spend this service charge on maintaining and repairing the building and the common parts; for example, lighting the communal hallways, gardening the...
When you are thinking of entering into a commercial lease, insurance is one of the main considerations for both parties. But what exactly does insurance cover and what happens if you need to claim on the insurance? Buildings insurance As with any property, it is vital...
Whether you are the landlord of a commercial property looking to let it out; or a tenant wanting to operate a business from a property, you will be looking at agreeing a commercial lease. Some leases are assigned from the previous tenant. However, in other cases you...
Claimants have a responsibility to mitigate their loss if they wish to pursue a claim for damages. Unfortunately, very few people actually know what this means and what steps they have to take to mitigate. Over a series of two articles I will outline the general...
It can be extremely frustrating when someone owes you money. However, many people are quick to throw themselves into the idea of suing someone for the money that is owed to them. It is worth considering the following before taking legal action and issuing a debt...
Japanese knotweed is an invasive plant whose roots can extend up to 3 metres deep and 7 metres in all directions. This can cause great damage to land and buildings. Its growth is so aggressive that it is an offence to introduce it in the wild. You could be fined or...
Our Managing Partner, Steven Newdall, will be taking part in Jail and Bail 2017 for St Gemma's Hospice. On 13 October, volunteers from West Yorkshire Police will 'arrest' Steven for crimes against hoarding. His secretary, Yvonne has recently tidied his office and...
As we saw in an earlier post, in order to make a professional negligence claim, you will need to prove three things: That the professional owed you a duty of care; That the professional breached that duty of care; and That you have suffered loss or damage as a result...
When your tenant hasn’t paid his rent it can be extremely frustrating and can cause you an array of problems. So what can you do about it and what should you do to make things easier for you? Here are our rent arrears top tips for residential landlords. Keep a record...
Among professionals, barristers are some of the most highly trained, and their knowledge of the law is extensive. You should expect their expert skills, representation and knowledge to be used in your case, whether you have instructed them under the direct access...
