Love Thy Neighbour

There's an old saying that we don't choose our relatives, and equally it's very rare that we choose our neighbours. Fortunately, most of us are lucky to get on with those living next to us.However, for those who are not so fortunate, the time when it was relatively inexpensive to move, if you didn't get on with your neighbours, has long since gone. Apart from the stresses and strains of running battles with those living next door, disputes can be a problem when you come to sell. If you have a dispute with your neighbour, this has to be disclosed to anyone interested in buying your property. Some potential buyers may not be worried about a dispute you have with your neighbours, but many will not take such a relaxed attitude. The moral in all…

Lending To Friends And Family

There can be all sorts of reasons for lending money to friends or family, from helping loved ones through a tough time, to perhaps putting a deposit down on a property, helping out with home alterations or assisting in the purchase of a car. Understandably we all prefer to take it on trust that we will be repaid and that there won't be any falling out. Things can go wrong, however. We live in tough economic times. The person you lend to might suffer a relationship breakdown or become one of the increasing number who lose their job or are made bankrupt. If you are lending a modest sum of money, which you feel you can afford to lose with good grace, that is one thing. But what about a larger sum of money which…

How To Evict A Commercial Tenant

As a landlord of commercial premises there are many reasons why you may want to take back possession of your premises, the most common being where your tenant is in breach of their lease terms; such as, not paying rent, not keeping the premises in good repair, being a nuisance to neighbours or assigning or subletting the premises without your consent. David Hyams (Head of Commercial Property) & Jacky Burton (Commercial Property Solicitor) at Ware & Kay Solicitors in York & Wetherby advise landlords on their options for claiming back possession of their property. Claiming possession Taking back possession of your premises when occupied by a tenant is called 'forfeiture'. However, you can only forfeit the lease if there is a specific clause in the lease enabling you to do so. It is advisable for…

Claims Against A Deceased`s Estate

Do you think that you have a claim against the estate of someone who has died? If you believe that you should have been included in their Will, or received more from their estate than you did, then you may be entitled to make a dependency claim.  Head of Litigation at Ware & Kay in York, Wetherby & Malton, explains how: "Where the deceased died without a valid Will, the intestacy rules govern the automatic manner in which their married, or civil partner, and other close relatives, inherit their estate. If you are not provided for under the intestacy rules or, under their deceased's Will if they had one , or you consider that the amount you will receive is not sufficient, you might be able to bring a claim against the estate to ensure…

10 Common Debt Recovery Mistakes

This article looks at the ten most common mistakes business owners make when it comes to tackling debtors, and advises on the best course of action. 1. Failing to have a credit policy When a company provides goods or services before receiving payment, it is essentially the same as handing over cash.  For this reason it is vital for cash flow and ultimately the survival of your businesses to be able to predict when you are likely to get paid and the cost of ensuring that this happens.  This begins with having a credit policy. By gathering the same types of information from each customer, it is possible to attribute different risk levels to each and adjust your payment terms accordingly.  Your credit policy provides uniformity of terms for each type of customer you have…

Can Your Business Survive A Partnership Dispute

Being in partnership can be a great way to do business: the pooling of capital, talent, skill and common purpose to drive a business to success. However, as with the best of relationships, things can go wrong. Trust can evaporate as differences in personalities emerge. Ethics, business direction, control issues, underperformance and money woes can dominate partnership meetings, instead of the wellbeing and growth of the business. Firm foundations Before setting up or entering into a partnership, take advice from a specialist solicitor. Their role is to protect your interests and ensure you have a clear picture of your responsibilities, management, expectation and risk. Establishing your legal status can help avoid pitfalls later.  Factors such as capital input, profit share and management powers are all relevant in determining whether you are a true partner or…

How Well Do You Know Your Customer

Knowledge is power and detailed knowledge of customers will greatly improve your chances of obtaining payment if they should later become debtors. For the small but problematic proportion of outstanding debts that are likely to lead to court action, it is vitally important to ensure that you have enough information to enforce a judgment successfully should the need arise. In this article Ware & Kay Solicitors, advise business owners to handle all new enquiries with extra care. "In the excitement of taking on a new customer or contract, before you begin your first transaction, take care to obtain as much information as possible to ensure that you can pursue them effectively in the event of non-payment," says Jethro. New consumer customers If your customers are consumers, obtain personal information, carry out credit checks and validate telephone…

Court Fees Increase From 22nd April 2014

2014 No. 874 (L. 17) 1. This explanatory memorandum has been prepared by the Ministry of Justice and is laid before Parliament by Command of Her Majesty. This memorandum contains information for the Joint Committee on Statutory Instruments. 2. Purpose of the instrument 2.1 This instrument changes existing fees in the Civil Proceedings Fees Order 2008. The fee changes are being brought as part of a wider review of fees across the civil court system to ensure that the income they generate more closely matches the costof the service being provided. The instrument changes the wording for some fees to reflect changes resulting from the creation of the single County Court on 22 April 2014. 3. Matters of special interest to the Joint Committee on Statutory Instruments 3.1 References in the Order to "a county court" or "county courts…

Boundary Disputes Where Do You Draw The Line

"To hear the words 'a boundary dispute' is to fill a judge, even of the most stalwart and amiable disposition, with a deep foreboding since disputes with neighbours tend always to compel… some unreasonable and extravagant display of unneighbourly behaviour which profits no one but the lawyers" A little cynical, perhaps; but that was Lord Justice Ward's view in the leading case of Alan Wibberley Building v Insley (1998), who rightfully observes, that whilst every dispute has the potential to become personal to the parties involved - the parties become entrenched and it becomes a "matter of principle" - that is even more so, when the parties are engaged in a boundary dispute. Often, the land subject to the dispute has little or no substantial monetary value; but it may have a real non-money value…

Court Fees On The Rise

Court fees are set to increase with effect from 9 March 2015, the necessary legislation having passed through the House of Lords this week. For claims under £10,000, fees to issue the claim will not increase. For claims above £10,000, the fee to issue the claim will increase to 5% of the value of the claim, for example £750 to issue a claim for £15,000 (as opposed to £455 now) or £2,500 to issue a claim for £50,000 (as against £610 now). The maximum issue fee for a money claim will be capped at £10,000 (for claims of £200,000 or above). The current maximum issue fee is £1,910, so, not surprisingly, the increases are controversial, and seen as having potential implications for access to justice. Money claims include both debts and claims for damages (for…