An often-overlooked aspect of a County Court claim is that obtaining a judgment against a debtor does not automatically guarantee payment. Quite often Creditors will find that they are in possession of a Judgment, but the Debtor simply does not pay. In these circumstances, the Creditor must consider further enforcement action, which can often be…
If you have entered into and won in a Court case, then you will know how satisfying it can be if a judgement is obtained in your favour against your opponent. However, what happens when this victory is cut short when your opponent, the now debtor, does not pay? A judgement can be “enforced” to…
Alternative Dispute Resolution, or ADR, is something that is becoming increasingly common in dispute resolution procedures, whether via eBay or in formal court litigation procedures. Some contracts or areas of law require the parties to first attempt ADR, and it is general court policy to encourage parties to attempt ADR. There can be significant cost…
Sympathy for the Devil, or, be sure you are clear about who you are giving references to, and what those references are intended to be used for. A rare moment of excitement in the usually grey world of Reynolds Towers (otherwise known as the Property & Commercial Department at Barrett & Co) was provided by…
We often get asked about care fees, the principle of deprivation of assets and generally how a local authority manages social care. The purpose of this article is to briefly explain these concepts and help you, the reader, understand their significance. It must be stated, however, that each case turns on its own facts and…
Alternative Dispute Resolution, or ADR, is something that is becoming increasingly common in dispute resolution procedures, whether via eBay or in formal court litigation procedures. Some contracts or areas of law require the parties to first attempt ADR, and it is general court policy to encourage parties to attempt ADR. There can be significant cost…
Mr Justice Mann ruled that, ‘I find that Sir Cliff had privacy rights in respect of the police investigation and that the BBC infringed those rights without a legal justification. ‘It did so in a serious way and also in a somewhat sensationalist way. I have rejected the BBC’s case that it was justified in…
In the case brought by Rebecca Steinfeld and Charles Keidan, the Supreme Court unanimously allowed the appeal by Steinfeld and Keidan. The Court found that there was inequality between same-sex couples and heterosexual couples. The details of the case Steinfeld and Keidan are a heterosexual couple in a stable long-term relationship with genuine and deeply…
Motor insurance fraud is far from being a victimless crime in that honest drivers have to pay for the deceit of others in the form of higher premiums. The courts are not blind to the problem, however, and, in one case, a businessman who staged a bogus road accident was ordered to repay his ill-gotten…
Without Prejudice- Many people have heard of the term but few actually know what it means and most use it incorrectly. The idea of using the words: “without prejudice” is to enable negotiations to take place without admitting liability. The rationale for the rule is that parties to a dispute should not be discouraged from…
