Dispute Resolution

Can you afford to avoid Alternative Dispute Resolution?

One old colleague of mine (who I won’t name) would keep a pad of yellow sticky post-it notes by her desk to scribble down reminders of rules that, presumably, she had forgotten often enough to require permanent neon fixtures to her computer monitor:- refer to companies as “it”, not “they” Dear Sirs / Yours faithfully […]

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Spratt Endicott mentioned in Salinger on Factoring preface

The Sixth Edition of  Salinger on Factoring  was recently published. This key work is the leading authority in invoice finance and is used by many of our clients Spratt Endicott are very fortunate and  proud to have been mentioned in the preface. A very big thank you to the fantastic  Simon Mills of  Five Paper  […]

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COVID-19: Advice for landlords and tenants

As the coronavirus crisis deepens, many people across the country face economic insecurity and this obviously leads concern regarding living arrangements. The government have acted to implement several measures including a hold on new eviction proceedings and a 3 month mortgage holiday for home owners. It is still unclear how the situation will develop but […]

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The problem with gift cards and other pre-payments when a retailer goes under

In July 2016, I wrote an article about Protecting Consumer Pre-Payments When Retailers Go Under and the report produced by The Law Commission in this regard. I thought that I would revisit the pre-payment topic, as the vulnerability of store cards and other pre-payments, has been highlighted once again, by the administration of House of Fraser. The […]

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When can I access my neighbour’s land?

Usually, ​when a home-owner wants to carry out works or repairs to their property but needs access to a neighbouring property to undertake those works, it is a case of that homeowner informing the neighbour of the nature of the work to be carried out and seeking their permission to do so. Indeed, it may […]

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What Carillion’s demise should tell us all

Much has already been said about the demise of Carillion and the impact of its liquidation on the various parties with whom it contracted.  In this article, I would like to examine what light the demise of Carillion throws on themes commonly encountered within insolvency and whether there are lessons to be learned for everyone. […]

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Avoiding Bankruptcy – Why It Pays to Act Promptly

When faced with bankruptcy proceedings, it is paramount that you act quickly in order to avoid unnecessary costs and stress. The bankruptcy proceedings The first step a creditor will take to initiate bankruptcy proceedings is to serve a statutory demand. If there is a genuine dispute in relation to the debt; or your creditor owes […]

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Landlords: Section 21 Notices Revisited

Sections 33 to 41 of the Deregulation Act 2015 (“DA 2015”) came into force on 1 October 2015.  The provisions contain, amongst other things, restrictions as to how and when a notice served under section 21 of the Housing Act 1988 can be served by landlords as a means of “ending” an assured shorthold tenancy […]

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The Deregulation Act 2015 – Important Changes for Landlords

1st October 2015 saw the introduction of yet more legislation in the guise of sections 33 to 41 of the Deregulation Act 2015 (“DA 2015”) much of which adds further complication to the lettings process for private landlords wishing to let their residential dwellings on assured shorthold tenancies. The main thrust of the legislation concerns […]

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Give us a break!

A break clause is a provision in a lease which enables either the landlord or the tenant, or indeed both, to terminate the fixed term of a lease.  For tenants in particular this has been a boon during the recent challenging economic times as by exercising their break clause, they have been able to re-negotiate […]

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