Dispute Resolution for Individuals

Rip-off card charges banned – what do I need to know?

Firstly, it is important to explain what this change is, and how it has come about. Amid mass media hype (given the effect of this law is imminent), there are a number of statements being made surrounding the effects of the “ban”.  Being armed with knowledge of your consumer rights is important – even more…

He Ain’t Heavy, He’s my Brother

Tracey Ashford Black and white photo

I’m sure by now most of you will have seen the deeply moving video clip of Alistair Brownlee sacrificing his own race at the World Triathlon Series finale to help his brother Jonny over the finishing line after he had started to suffer from heat exhaustion. Seeing this video clip sadly reminded me that often…

What is an inquest and do I need a Lawyer?

Employee at thursfields Bernadette Mackie

The recent cases of the ‘Birmingham Six’ and ‘Hillsborough’ have demonstrated the importance of an effective inquest system. Not only to protect  the rights of the deceased’s family, but also to highlight lessons to be learned, and to advance medical knowledge. An inquest is a fact finding process, opened by a Coroner in around 10%…

The Supreme Court considers a landlord’s implied repairing covenant

Naveed Ansari Black and white photo

In the recent Court of Appeal case of Edwards v. Kumarasamy [2016], judgment was given on the interpretation and application of s.11 of Landlord and Tenant Act 1985 which relates to repairing obligations of landlords. Landlord’s repairing obligations under s11 of the LTA 1985 This sets out the repairing obligation that for all tenancies for…

Animal Houdinis – your legal liability?

Stefania-Fulford black and white

Yesterday seemed to be an eventful day in Worcestershire with more than one report of escaping animals making their way into the local press. A flock of sheep escaped from their field and caused chaos on the Powick roundabout just outside of Worcester, and a pet dog managed to climb onto the roof of its…

Accident! – Insurance Claim! – Landmark Supreme Court Decision

Thursfields Staff Member 87

The insurance industry has been forced to reassess its position on a number of current and future claims by a landmark decision by the Supreme Court handed down on 20th July 2016 in the case Versloot Dredging BV v HDI Gerling Industrie Versicherung AG. It has always been a basic principle of Insurance Law that…

To mediate or not to mediate…that is the question

Mark Pittaway

Ask anyone who has done it. Going to Court to resolve a dispute is an expensive, time consuming, adversarial and risky business. What is more, most of those asked about the experience will say that it is not a happy one, even if you ‘win’. Things are rarely as clear cut as they seem and…

The ‘Bank of Mum and Dad’ – how to protect the gift

Lots of colourful front doors

We have known for several years that the ‘Bank of Mum and Dad’ was playing a large part in helping many first time buyers on to the property ladder, but new research this week has revealed the extent of that involvement. British Parents and grandparents will gift or lend over £5 billion to their children…

Challenging a Will

Mark Pittaway

English law recognises that we are free to leave our property to whomsoever we wish.  A Will should reflect the wishes of the maker and in most cases that is true.  Sometimes, however, a challenge is made. The four main reasons for challenging a Will are :- (a)           the maker was unduly influenced by someone…

Holiday Lets – pay close attention to covenants

Property & Land Disputes

With landlords having just finished scrabbling to buy before the introduction of the new Stamp Duty Land Tax rates on second homes, they may face a possible minefield should they have purchased with short term holiday lets in mind. When purchasing a property it is important to pay close attention to covenants. These are legally…

FAQ’s about Consumer Agreements

Mark Pittaway

Three FAQs between customers and suppliers in consumer agreements (that is to say, agreements where the customer is buying as an ordinary a member of the public). Q  I paid a deposit for some goods that I now do not want. The supplier says I cannot have a refund because his terms and conditions do…

How well do you know your consumer rights?

Tracey Ashford Black and white photo

We are now 6 months on since the Consumer Rights Act 2015, the biggest revamp of consumer law, came into effect. However, if you were to buy a faulty washing machine tomorrow, would you know your rights and what action to take? The aim of the Consumer Rights Act is to simpfly and modernise the…

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