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ARE YOU READY FOR THE NEW DEBT RECOVERY CLAIM PRE-ACTION PROTOCOL  THAT COMES INTO FORCE ON THE 1 OCTOBER 2017?   Earlier this year the Ministry of Justice published the new and long anticipated Pre-Action Protocol (“PAP”) on debt recovery claims which comes into force on 1 October 2017. Credit control specialist Tracey Perrett provides an overview of the new requirements. The new debt recovery claim protocol applies where businesses are seeking to recover debt from individuals. The protocol does not apply to business-to-business debts unless the...

What is a ‘protected discussion’ under Section 111A of the Employment Rights Act 1996? Section 111A of the Employment Rights Act 1996 enables confidential conversations to take place between employer and employee. In many ways this provision is similar to the ‘Without Prejudice’ principle. The term ‘Without Prejudice’ is commonly used by lawyers as a means of conducting ‘off the record’ discussions, generally with a view to reaching an agreement to resolve a dispute. In the context of an employment dispute it enables...

An MP has branded inappropriate cavity wall insulation "a scandal". Hywel Williams highlighted the plight of homeowners who have had the insulation installed, many of whom having been encouraged to do so by government-backed schemes. The end result is that a large number of these properties are now facing problems ranging from damp to mould and condensation. Cavity wall insulation was intended to make homes warmer and more energy efficient. However when it is installed incorrectly, or installed in properties that are not suited to it, it can lead to higher -...

Moving into a brand new home is for most families a happy and exciting time. However as with other areas of life, things do sometimes go wrong and the dream of owning a new build home can quickly degenerate into a nightmare. It often surprises people who have moved into a new build and encountered problems when they discover just how little consumer protection they have. In particular, property (including new builds) is exempt from the protection offered under the Sale and Supply of...

Clients wins flight delay compensation claim We were recently approached by a gentleman who wanted our assistance in recovering compensation for a flight delay that occurred in 2011. He consulted us just a matter of weeks before his compensation claim would have become time-barred. Fortunately we were able to act quickly to avoid him missing out. The man and his two travelling companions had been due to fly from Saltzberg to Exeter when his flight was cancelled one hour before he was scheduled...

Critics of the recent government imposed hike in court fees have have hit out against the spiralling cost of litigation. According to a recent poll, 90% of dispute specialists said the twin factors of rising court fees and increasing disclosure costs would dissuade potential litigants. The recently imposed cost-budgeting procedures were also criticised for driving up legal costs. Ironically the measures had been intended to reduce litigation costs! Fees in the county court have been massively increased by the government, with 5% of...

Yana Goutsal, an Associate member of the Chartered Institute of Legal Executives based at our Taunton office, moved to England when she was a young girl. She is therefore a fluent Russian speaker which is a major benefit for Russian nationals seeking advice on English law in their native Russian. She specialises in civil litigation and is therefore well placed to advise on a range of areas including injury law, medical negligence, inheritance disputes and professional negligence, where no win -...

If you’re planning to move in with your partner it might be wise to take professional advice first. One of our family law team explains why. The myth of the common law wife Living together, or cohabiting as lawyers call it, was once relatively uncommon, but as marriage has fallen out of favour it has now become the preferred arrangement of millions of couples in the UK. People tend to assume that couples who live together benefit from the same rights as...

The dream of owning a Spanish holiday home in the sun turned into a nightmare for thousands of British people when property developers across Spain went bust during the recession. However, the British investors who lost substantial deposits have now been given hope of recovering their money by the Spanish courts. Judges in Spain have said that people who lost money when ‘off-plan’ developments failed to be built are entitled to claim financial redress from the Spanish banks who failed to protect...

Litigation Solicitor, Roger Cheves, looks at time limits governing enforcement of court judgments It is a common misconception that if you have obtained a court judgment for payment to you of money, you are home and dry and can take your time over enforcing the order. Not so; there is a little-known rule in the Limitation Act 1980 which requires that money judgments must be enforced within six years of being awarded. There is, additionally, a further twist to the story....