Articles in ‘Dispute Resolution’ Category

Bounce Back Loan Scheme: “One of the most colossal cock-ups in recent government management and tax payers are paying for this” This was the verdict of Lord Theodore Agnew, former government efficiency minister at…

What is a transaction at an undervalue? A transaction at an undervalue is, in simple terms, a transaction where an individual or corporate entity acquires a property for less than its market value. For…

Many businesses will have experienced an email being sent to the wrong person, often due to a simple typo. Since the introduction of the General Data Protection Regulation in May 2018, there has been…

The Supreme Court handed down judgment in the case of Lloyd v Google LLC on 10 November 2021, finding in favour of Google. This decision will have a significant impact on claims management companies…

The Estate Agents Act 1979 (“the Act”) has been with us for some 34 years, the major part  coming into force in May 1982. The important Regulations referred to at Section 18 of the Act came into force on 29 July 1991 (“the Regulations”) . So there really should be no surprises and no reasons for disputes over when a person acting as an estate agent is entitled to a commission, and how much they should be paid, and yet disputes continue and commissions are lost.

When acting for the vendor, you will typically market the property for sale, or offer the premises to let. You will have a written contract with the vendor, which will spell out, among other things, the terms upon which you are entitled to your fee. The contract is therefore essential.

In the recent Court of Appeal case of Rashid v Nasrullah [2018] EWCA Civ 2685 the Court considered whether a registered proprietor of the property could successfully claim adverse possession (sometimes known as squatters rights) of land which had been fraudulently transferred to him.

Following a survey of 2,500 senior executives from across Britain, Spain, Italy and France, the Times has recently reported that one in four company directors has been subjected to at least one legal action from an employee, shareholder or regulator.

The recent Supreme Court decision in Wells (Respondent) v Devani (Appellant) 2019 has important implications for estate agents, business transfer agents and consumers. This was an appeal relating to an earlier decision in the Court of Appeal, which we had reported on in Estate Agent Today magazine back in October 2017.

Last month [October] it was widely reported in the trade and national press that Reigate High Street Jewellers, Phillip Lloyd Jewellers (“PLJ”) lost its Court case against a disgruntled customer over a lost diamond.  PLJ has been ordered to compensate the customer up to £30,000.

Pride comes before a fall, so the proverb goes, meaning if you are too full of yourself, something will happen to make you look foolish. Is that the case here?

Many of us in these difficult times are working from home and conducting business through our computer screen. This business will often involve the creation, variation, and termination of contracts and many other transactions besides, often of considerable importance and value. I was recently asked whether ‘electronic signatures’ have the same legal effect as traditional ‘wet signatures’?