Litigation fixed costs: what are they and how will it affect your dispute?

On 6 September 2021 The Ministry of Justice confirmed that it intended to implement proposals for fixed recoverable costs for ‘fast-track cases’ and in most money claims worth up to £100,000. How will that impact on claims in the civil courts? Since the 2021 announcement progress in implementing the new costs regime has been slow but it now seems likely that fixed costs for most claims worth up to £100,000 will be coming next year and some commentators predicting that the fixed costs regime will be extended to cover cases up to a value of £250,000, possibly within the next 5 years. What are fixed costs? The proposals are intended to ‘fix’ the amount of costs that a successful party can recover from a losing party. Historically a successful party awarded their costs nearly always suffered…

How do you stop someone gaining rights over your land?

Rights may be acquired over your land if you either fail to address unauthorised use by third parties or give permission to others to use your land without seeking professional advice. How can you avoid this occurring? Where land is unregistered, as is often still the case with farmland, in certain circumstances someone occupying land belonging to someone else without their permission (a squatter) can after 12 years ‘squatting’ acquire ‘title’ to the land by their adverse possession. You could avoid this happening on your land by regular inspection of your boundaries and ensuring that you have an up to date plan of your land. If your land is unregistered then registering title at the Land Registry will involve a thorough review of your land and can be a useful precautionary measure. Since 2003…

Ware & Kay proud to support and partner with Yorkshire Air Ambulance

We are very proud to support Yorkshire Air Ambulance and to have partnered with them. If you would like further information about writing your Will please click here. Call a member of our team today on 01904 716000 (York) or 01937 583210 (Wetherby) or 01653 692247 (Malton), or complete our online contact form.

St. Leonard’s Hospice Make a Will Month October 2022

Making a Will and letting your family and friends know your wishes are vital, and it can be a lot more affordable and straightforward than you think... MAKE A WILL MONTH October 2022   A Will is one of the most important documents you will ever have drawn up, but it's something that many people put off. If YOU don't have a Will, or your Will needs updating.  Ware & Kay Solicitors has once again teamed up with St Leonard's Hospice to give you the opportunity to have your Will written free of charge in exchange for a donation to the Hospice. Ware & Kay Solicitors are giving their time, free of charge, to write basic Wills in exchange for a suggested minimum donation to St Leonard's Hospice. It's easy... Arrange an appointment with one of the following Solicitors on 01904 716000 during Make a Will month: Sian Foster- Head of Wills & Probate Danielle Bebbington- Solicitor in Wills & Probate Vicki Long- Chartered Legal…

Make a Will with St Gemma’s Hospice 2022

Ware & Kay Solicitors has once again teamed up with St Gemma’s Hospice to give you the opportunity to have your Will written free of charge in exchange for a donation to the Hospice during the month of October. Why make a Will? We spend our lives working to provide for ourselves and our loved ones. As life changes around you, it is a good time to consider making your Will. Making your Will means you can be certain that your wishes are followed after your death. Making a Will is often seen as a very sensitive subject, one which many people prefer to put off until a later date. However, a professionally written Will can make life much easier for our loved ones when the time comes. A Will is the only way to make sure your money, property, possessions…

Buying a property with cash

If you are searching for a new home, you may have come across the term ‘cash buyers only.’ Rather than expecting you to turn up with a trunkful of money, the agent is looking for a speedy sale to someone who does not need to borrow money via a mortgage and is in a position to proceed. Likewise, if you are selling a property, your estate agent may describe someone as a ‘cash buyer’ indicating that they are mortgage free. Most people see being a cash buyer as a positive, but what does this term really mean, and how could a cash-only transaction benefit you? ‘There can be distinct advantages to being a cash buyer, or selling to one,’ agrees Holly Stevens, Director and Head of Residential Property with Ware & Kay in York ‘Unfortunately, there…

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Her Majesty Queen Elizabeth II’s State Funeral Monday 19th September, 2022

Application to modify restrictive covenant on agricultural land unsuccessful despite grant of planning permission

In a recent case before the Upper Tribunal (Lands Chamber), Collins and another v Howell and another [2022], the Tribunal was asked by Mr and Mrs Collins to modify a restrictive covenant to permit the construction of a manège on their land at Newpark Stables in accordance with a planning consent that had been obtained. Mr and Mrs Howell own the adjacent Higher Norris Farm which benefits from a restrictive covenant prohibiting use of the Collins’ land for any purpose other than “the grazing of sheep and horses and arable use of all types and the production of grass cutting” and expressly prevented the construction of “any buildings other than stables on the far boundaries only”. Mr and Mrs Collins bought Newpark Stables in 2019 with the benefit of planning permission granted in 2011 for equestrian…