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Solicitors in Brighton, East Sussex
High quality legal advice with friendly service, our solicitors in Brighton and the surrounding area are here to help you. With QualitySolicitors you’re always our primary concern, so we work quickly and efficiently on your behalf with courtesy and professionalism at all times. We’d welcome your call if you want to chat through things to see if we’re right for you; feel free to call our offices directly or use our national freephone number 08082747557.
We specialize in construction disputes and litigation. We are the first port of call for builders and other professions involved in the construction industry in Brighton and Sussex. Our experience in this specialist area enables us to swiftly and accurately assess the risks and issues in a dispute. We will then explain your options in plain English and advise on the best way to proceed. We can act on your behalf in negotiations and where possible will bring disputes to a close without the need for formal court proceedings. We aim to resolve disputes as efficiently as possible and on the best possible terms, understanding that often the longer they go on the more they will escalate and the more they will cost. We will always provide an initial consultation free of charge and clearly explain the expenses anticipated so that you can budget accordingly. We also believe that prevention is better than cure, and we can assist in safeguarding your business from disputes by drafting your terms and conditions of business and reviewing contracts already in use. For a free initial consultation, and to speak with one of our experts, call 08082747557.
A company’s statutory books are a company’s most important documents. The records essentially tell the story of the company from the date it is set up to the date it is shut down and is an important record of everything that happens during its lifetime.
Responsibility for maintenance of the company’s statutory books and records is often something which is overlooked within a business. This can be a time-consuming task and we recognise that, with the best intentions, sometimes key documents go astray or records are not updated, but failure to keep the registers up to date can incur financial penalties of up to £5,000.
One of the most important administrative tasks for a business is making sure that its records are up to date. It can be difficult to keep accurate records without careful attention to detail and a solid understanding of the legal requirements. QualitySolicitors works with companies of varying sizes and types to help them keep their records in order and, through the use of our specialist secure software, we can keep your records in electronic form with instant access by us and by you at any time of the day.
If you have lost your company’s statutory records, whilst inconvenient, particularly if you are thinking of selling your business, we can help you to reconstitute the records from the registers maintained at Companies House. If your business is well established, it may be that your records are not up to date. Often long retired directors may not have had their retirement confirmed at Companies House or discrepancies arise in relation to shares that have been transferred but not properly recorded in your statutory books. You may discover that a mistake has been made in the past which needs to be corrected, such as an incorrectly referenced issue or transfer of shares, which can lead to incorrect annual returns being filed.
At QualitySolicitors, we recognise that the administration of a company can be an onerous and time-consuming process. Our aim is to make sure that you know where your records are and that they are up to date. We want you to be confident that your records correctly reflect the company’s history. And if there are any issues, we will deal with those as they arise and get your records back on track, whether this be correcting anomalies or reconstituting your records from incorporation.
QualitySolicitors is the first port of call for many successful businesses across Brighton, Hove and Sussex. To find out how one of our specialist team of solicitors can support your administrative needs, call us on 08082747557.
Whether you are seeking help with a general partnership, a limited partnership, or a limited liability partnership, QualitySolicitors are able to deal with all your partnership requirements and will work with you to ensure you receive the advice you need when you need it. Our experience of partnership matters means we can help you to understand the legal position which applies to your partnership.
Most partnerships (unlike limited liability partnerships), are governed by 19th century legislation. Without a formal partnership agreement the business will be subject to the Partnership Act 1890. Without a good understanding of this legislation, it is all to easy to overlook a key provision and this can lead to expensive, unwieldy and unexpected outcomes e.g. when a partner wishes to leave the partnership or the partners wish to expel a partner.
Whether you require initial advice on setting up a new partnership, drawing up an agreement of formalised terms agreed between partners, varying an existing agreement e.g. in light of a change in the business’ direction or changes in the partners themselves, we are here to help. We are also experienced in dealing with more specialised or regulated partnership arrangements including those relating to GP practices and other medical partnerships.
In all cases, we will work with you to ensure you have the right structure and documents in place for your business’ needs. Any agreement we produce will reflect both the partners’ wishes and the legal framework. Just as importantly the agreement will be in straight forward language and will actually work for your business. A well-drawn up partnership agreement reduces chances of disagreement between partners and governs the management of the business and the departure of partners. Not all businesses are the same and therefore not all partnership agreements are the same.
It is important to review your agreement on a regular basis as your business grows and develops to ensure that the documents continue to reflect the partners’ wishes. We can offer advice on planning for the future of the partnership through growth of the business and appointment of new partners, and help to structure your partnership to avoid future problems as far as possible including those involving the expulsion or removal of a partner or the dissolution of the partnership by working with you to draw up a strategy that minimises the potential of litigation and documents your plans for the business in order to reduce costs and time away from business.
QualitySolicitors is the first port of call for many successful businesses across Brighton, Hove and Sussex. To find out how one of our specialist team of solicitors can support your partnership needs, call us on 08082747557.
We can represent you if you have a claim or are defending a claim brought against you. Our experience of acting for either side provides you with expert awareness of any tactics the opposing party may use against you.
Our litigation team are all very approachable and are passionate about what they do, advising you on the best course of action and strategy to take for your individual circumstances as everyone is different. We will always keep in touch and update you on your case which leaves you to get back to your daily routine.
We have dealt with a range of different litigation cases and in doing so have developed a diverse set of skills to assist you in your dispute, some of which include:
- Consumer Rights & Debt Recovery - Our team have experience of dealing with all types of consumer credit and debt litigation arising out of regulated credit agreements in the County Courts, High Court and the Court of Appeal
- Professional Negligence - Professionals have a duty of care to their client, if this is not provided and results in you suffering damages or losses, you may have a claim against them. Our team has experience dealing with negligence claims against a wide range of professionals
- Personal Injury - We can deal with a range of different Personal Injury cases, including Public Liability Claims, Life-Changing Injuries, Road Traffic Collisions and Work Place Injuries
- Landlord & Tenant - We have experience acting for both landlords and tenants in a wide range of disputes
- Contested Wills and Inheritance Claims - If you have a dispute relating to the estate of a loved one, whether they had a will in place or not, we can advise and assist you with the best way forward in resolving your matter
- General Litigation - If your matter does not fall under any of the above headings, but you have a dispute with another party please contact us to see if we can help
The process of litigation can often seem daunting but we assure you that we will always do as much as possible to ensure you have a full understanding of the proceedings surrounding your case. We understand how complex the law can sometimes seem and pride ourselves in our ability to put it into context for you.
If you would like to get in touch with one of our litigation solicitors then give us a call on 08082747557. It would be great to hear from you and we wish you all the best in resolving your dispute.
Disputes are never pleasant. When two parties have a disagreement, it can often result in damaging behaviour and allegations. If you have a dispute that needs resolving we have extensive experience in this area to help you reach a solution that avoids undue unpleasantness, unnecessary costs and prolonged anxiety and worry.
Disputes can arise for any number of reasons and we can assist with a wide variety of areas, such as:
- Boundary disputes with your neighbour.
- Issues with the quality of workmanship carried out on your property.
- Challenging the non-payment of an invoice.
- Disputes over the terms of a contract.
At the outset, we advise you on what the likely costs may be of pursuing your matter. We promise to keep you updated on throughout so that there are no surprises when your dispute is resolved. Our lawyers will negotiate on your behalf, provide you with a variety of options, and then try to resolve your disagreement as quickly as we can. We may also be able to mediate with the other side. Your lawyer will discuss the best approach with you, and you can then decide which tactic is best for you.
We offer a 45 minute Ask the Legal Expert appointment for £99 where we can discuss the matter with you and advise you on the best way forward. Once we know what your dispute is, our aim is to reach a quick and successful resolution. Call us on 08082747557 today to find out more.
Services for Landlords
As a landlord, your property is your business and if you have an issue with your tenant we will work with you to achieve a fast and cost effective solution. For example, we can help if your tenant has stopped paying rent, has caused damage to the property or if you want to gain possession.
Services for Tenants
As a tenant your home is where you relax with family and friends. If something happens which disrupts your enjoyment we are able to draw on extensive experience of advising tenants in Brighton to help you resolve any problems you have. We can advise you on your landlord’s obligations and assist in claims relating to unlawful eviction and disrepair.
If you would like to get in touch with us regarding a landlord or tenant dispute then please do not hesitate to do so. Our Litigation team are always happy to assist and advise you based on your individual circumstances and will keep you updated throughout each step of the process.
Mediation is a flexible process conducted confidentially in which a neutral person actively assists parties in working towards a negotiated agreement of a dispute or difference, with the parties in ultimate control of the decision to settle and the terms of resolution.
2015 saw a very substantial increase in Court fees, impeding access to justice. Court issue fees can be anything up to £10,000. The Courts have repeatedly confirmed their approval of mediation, by actively encouraging mediation as well as imposing sanctions in some cases where parties, unreasonably, refuse to mediate.
It’s often said that a successful mediation gives a ‘win-win’ result, whereas resolving a dispute through the traditional Court system; you are merely obtaining a yes/no result. However, in mediation, you achieve this 'win-win' result as you are able to agree the terms on things that often mean quite a lot, like, for example, an apology. Mediation can therefore be seen as having a much wider scope and is all-encompassing.
Mediation is very economic and priced using fixed fees, so what you’re quoted is what you will pay.
Mediation can offer:
- Confidentiality: there is no strict need for any disclosure of settlement to the wider public, unless the parties agree to do so. A Court judgment is a public document and can be extremely damaging for the losing party (and sometimes all parties)
- A constructive and non-adversarial process allowing parties to maintain and/or repair working relationships
- A legally binding agreement
Even where settlement is not achieved, mediation helps the parties to focus on their further steps. It also encourages the other side to come to the negotiation table despite potential reluctance.
Do you have a Northern Rock (NRAM) ‘Together’ mortgage/loan?
If so, we believe we can get financial compensation for you.
- Are you a Northern Rock Asset Management (NRAM) ‘Together’ mortgage/loan customer?
- Was the loan element over £25,000?
- Were you informed that the loan was regulated by the Consumer Credit Act 1974?
If the answer is ‘Yes’ to all three questions, we may be able to seek financial compensation for you.
How to proceed and what is involved:
If your answers to the Prequalifying Questions above were ‘yes’, we invite you to please complete this more detailed questionnaire to give us the information we would need to take your case forward.
All information you provide in the questionnaire will remain confidential.
Please note that completing the questionnaire does not mean you have to instruct the firm, nor that we are bound to accept instructions from you. It simply puts us in a position to discuss our funding options with you to enable you to make an informed decision about whether to proceed.
Should you instruct us and we are unsuccessful in taking your case forward, there will be no fee for our services.
The legal explanation:
The Court of Appeal decision in NRAM Plc v McAdam & Anor  EWCA Civ 751 (bailii link here) has left a bad taste in the mouth of many NRAM customers. It was held that loan contracts over £25,000 were not regulated by the Consumer Credit Act 1974 (‘CCA’) and did therefore not benefit from the protections afforded by the CCA. Many NRAM ‘Together’ customers were misinformed by NRAM and told that the loan would be regulated under the CCA, when in fact it was not. Almost all the paperwork for loans over £25,000 represented that the loans were regulated by CCA.
In the McAdam case, the Court ruled that NRAM had misrepresented the position to its customers. At paragraph 57 of the judgment it is stated by the Court of Appeal:
“in our view the relevant statements on any basis amounted to a representation by NRAM that the loan agreement was an agreement regulated by the 1974 [Consumer Credit] Act and that the borrowers were entitled to the protections afforded by the Act to borrowers under such regulated agreements.”
At QualitySolicitors we consistently provide clear and concise legal advice when you are going through a divorce or separation, we understand how complicated the process can be and our approachable solicitors will always keep you informed every step of the way.
Regardless of your situation and how you wish to approach it, QualitySolicitors can provide you with the relevant information on all the options available to you. We have a wealth of experience in dealing with all types of relationships and can help you find the solution which is not only best for you, but your family and those closest.
Our solicitors understand the enormity of what you are going through and look to reduce any unnecessary stress by dealing with your concerns in the most practical, amicable way possible. Contact us on 08082747557 today to find out more.
Arbitration is a new form of dispute resolution. It is in effect a private court that sits where and when you want and can provide a binding agreement that in turn can be used to obtain a court order. Applications that may take Brighton family court months to resolve can be decided in weeks.
You can arbitrate on financial matters whether you are married, in a civil partnership or cohabiting. Issues involving children however cannot be arbitrated and if necessary, must use the court process.
Arbitration can be a more cost effective method than making an application to Brighton family court and is certainly much more flexible. You can agree with your ex-partner; which are the issues to be ruled on, the speed with which the work is to be undertaken and the evidence required. You can request an arbitrator of your choice and the arbitration can take place at a location near you in Brighton or Hove.
The solicitors here at QualitySolicitors can assist in finding you an arbitrator close to Brighton & Hove and then in the preparation and presentation of your case.
If you are in dispute about financial matters with your partner and need a decision but want to have control over how, where and when it is made then Arbitration may well be the solution for you.
For more information please go to the Institute of Family Law Arbitrators website at www. ifla.org.uk. Like all methods of alternative dispute resolution arbitration will not suit every case this is where our solicitors can really help identify which process is right for you. Call us on 08082747557 today to find out more.
Collaborative Law is a modern and innovative way of resolving disputes. Instead of being dictated to by court orders and timescales Collaborative Law allows couples to engage in a process that is flexible and enables you to reach a bespoke agreement suitable to your unique circumstances.
Collaborative Law involves agreeing to a series of round table meetings (usually between 2 and 4) involving both clients and their solicitors. This process can therefore be much more supportive than mediation because your solicitor is with you. Each meeting has an agenda that is decided beforehand. The meetings are designed to negotiate an agreement. You will meet your spouse’s solicitor and all advice is given in front of you both this reduces the amount of correspondence and prevents the anxiety of receiving unexpected letters at the weekend.
It is designed to be open, clear and assist in a situation where it is important to remain civil with your spouse. Accountants, financial advisers and family consultants can all give advice and assistance as necessary within the Collaborative law process.
If you wish to use collaborative law remember both parties will need to instruct collaboratively trained solicitors. All parties must sign a participation agreement and both parties agree not to go to court. Should your dispute not settle, your solicitor will not be able to represent you in any future court proceedings. This might sound rather strange but it is to ensure that both the client and solicitor have an interest in making the process work and it prevents the situation in which one party is tempted to walk out of negotiations shouting “I’ll see you in court”.
In Brighton & Hove collaborative law is quite widely used, if this is a process you or your partner is interested in using then it is important that you both instruct a collaborative solicitor and our solicitors can provide you with the details of other lawyers and professionals assisting in the collaborative process for your partner or spouse.
Collaborative law is not for everyone and we can help you decide whether it might be an option in your case. Contact us on 08082747557 to find out more.
There are lots of decisions to be made upon divorce and QualitySolicitors can assist you every step of the way. Our approachable legal advisors can give advice on many points including;
- Whether you should make a claim for costs;
- What sort of behaviour constitutes unreasonable behaviour;
- How to serve the petition on someone when you do not know where they are.
Grounds for Divorce
Divorce proceedings can only be issued if the petitioner believes that the marriage has irretrievably broken down. Once the petitioner has decided that this is the situation then there are five options for them to choose from in order to evidence the South East Divorce centre at Berry St Edmonds county court that the marriage has irretrievably broken down.
- Unreasonable behaviour
- Two years separation with the consent of the other party
- Five years separation
Please to be aware that just getting a decree absolute within divorce proceedings does not prevent an ex-spouse from making financial claims against you or your estate in the future. Where there are financial issues to be resolved it is strongly recommended that you take legal advice before you finalise the divorce proceedings.
Our aim at QualitySolicitors is to give clear, approachable advice so that our clients are aware of all the options open to them whenever they have to make a decision.
You may also need advice with regard to issues arising from the divorce proceedings; most often about your children or financial matters. QualitySolicitors can help you with these concerns.
Please get in touch via telephone at 08082747557
When you need to resolve a financial dispute during Divorce or Dissolution of Civil Partnership proceedings it is very important to first spend some time deciding which process would most suit your situation.
The choices available to you are as follows, all of which the Solicitors at QualitySolicitors can assist you with:
- Collaborative law
- Solicitor led negotiation
In Brighton and Hove all options are open to our clients. Our solicitors can advise you on the pros and cons of each method because every situation is different. You will of course be anxious about the outcome; how you will provide accommodation for your children or ensure you have a pension for your retirement. Your choice of process however will affect the costs you have to pay, how quickly the matter is resolved and how amicable you are with your ex-partner at the end of the process.
If you need to issue proceedings at Brighton family court QualitySolicitors can help you prepare the necessary documentation, advise you on fair settlement terms and represent you at court if required. We have many years of experience in dealing with financial issues, to include obtaining pension sharing orders and valuing assets.
The Matrimonial Causes Act 1973 section 25 details those aspects of a case which the court must take into account when deciding how to divide up the assets of a divorcing couple. For those couples seeking a financial solution within dissolution of civil partnership proceedings schedule, 5 of the Civil Partnership Act provides the relevant guidance. The first consideration will be given to the financial wellbeing of any children under the age of eighteen, thereafter issues to consider include the length of the relationship, the health of yourself and your ex-partner and your respective earning capacities.
The equal pay provisions in the Equality Act 2010, which can also be found in Article 141 of the EU Treaty, are part of the anti- discrimination legislation and gives men and women the right to the same pay and terms and conditions of employment for doing the same work (like work), work rated equivalent or work of equal value.
Pay has a wide meaning and includes benefits. The Act implies a sex equality clause into everyone’s contract of employment, modifying any term that is less favourable to someone of the opposite sex. The European Commission and the Equality and Human Rights Commission publish codes of practice, which although not legally binding, may be used in evidence in equal pay claims.
The law requires a four stage approach: (1) Selecting an appropriate comparator of the opposite sex. (2) Proving that the comparator is employed to carry out equal work. (3) Comparing the claimant’s and the comparator’s terms and conditions of employment. (4) Assessing whether the employer can explain any discrepancy in pay (“the material factor defence”) and whether the difference is due to sex discrimination. Employers are advised to carry out regular Equal Pay audits to ensure their workforce remains competitive and motivated and to avoid the possibility of an equal pay challenge.
Both mothers and fathers of biological and adopted children have rights to take family leave to take care of their children. These rights continue to expand and develop as family friendly policies remain at the top of the political agenda.
Shared parental leave is a new and creative way for parents to share statutory family leave and pay on the birth of a child. It has replaced the additional paternity leave regime which enabled an eligible employee to care for their child after the mother had returned to work for a period of between two and 26 weeks, starting 20 weeks after the child's birth.
However, it is separate from the right to unpaid parental leave and has not replaced the current maternity leave and pay regime. Similar rights apply to adoptions. The intended parents in a surrogacy arrangement are also entitled to take advantage of shared parental leave. These rights also apply to partnerships of the same sex and include women in same-sex partnerships.
The right to shared parental leave only applies to employees who fulfil the relevant eligibility criteria. The right allows the mother to choose to bring her maternity leave to an end at any point after the initial two week compulsory maternity leave period following the birth of the child. The parents can then choose how to split up the remaining weeks of leave between them. Shared parental leave can be taken by each parent separately or at the same time.
We can give further advice on taking leave, call us today on 08082747557 to see how we can help you!
Whistleblowing claims are common in employment tribunal proceedings. One reason for this is that an award of damages in a successful whistleblowing claim is not capped in the same way as damages for unfair dismissal.
In addition, there is no minimum period of service required in order to bring a claim. All workers are protected by the whisteblowing provisions including employees workers and members of LLP’s.
The whistleblowing provisions protect reports about: criminal offences, e.g. Fraud; health and safety matters, danger, or risk to an individual; actual damage to the environment, a miscarriage of justice, or if the company is breaking the law, e.g. doesn’t have the right insurance or if you believe someone is covering up wrongdoing.
Personal grievances (e.g. bullying, harassment, discrimination, breach of contract) aren’t covered by whistleblowing law, unless the particular case is in the public interest, which if a number of workers are affected it may be.
Workers are protected from suffering a detriment, including being dismissed for having made a protected disclosure. It is essential to have proper procures in place to allow disclosures to be made and to protect those who make such reports to minimise risk of such a complaint being made. If you are concerned that you are being treated unfairly because you made a disclosure, we can help. Call us today on 08082747557 to find out more.
Throughout the UK the number of couples who chose not to formalise their relationship by marrying or entering into a civil partnership is growing steadily. The same applies for Brighton & Hove and because of this the number of children living within these families is also rising.
There are many rumours and myths in circulation about co-habitation and often it comes as a shock to a client to discover, when their relationship breaks down, that they do not have the same rights as those who are married or in a civil partnership.
There is no such thing as a “Common Law Wife” and you do not automatically “acquire” matrimonial rights simply by living with someone for several years.
If you separate after a period of co-habitation you may have financial matters to resolve and issues relating to the children. There is no equivalent to spousal maintenance and you cannot make an application for a pension sharing order. You may however be able to seek a lump sum payment, a share in a property or a transfer of property depending on your circumstances.
Buying at auction
The most important thing to bear in mind is that once the auction has concluded, if you are the winning bidder you are legally tied into the property. Things to consider:
- It is vital you let us see the legal pack in good time before the auction. We can then look through it and advise you. Over the years we have helped many people avoid potential problem properties at auction
- Unlike an open market purchase there is either very limited or no opportunity at all to ask questions, whether they are legal or practical related. That is part of the risk
- If you are serious you should have a surveyor look at the property. Your risk in doing this is you do not win at auction and you lose the survey fee. Your risk in not doing it is you end up buying a property with serious structural problems or other issues
- You need to have access to ready funds as the completion date is set. If you are unable to complete you risk losing your 10% deposit plus interest and associated costs. Often mortgage finance will take longer than this
- As well as having to pay back the cost of searches, other things are often put into auction conditions such as paying the seller's legal costs
Buying at auction can be a quick and good way of purchasing a property so it’s not all doom and gloom. Just get as much information as possible before committing yourself.
Selling at auction
Typically auction properties sell at less than 15% of their open market value so there is no guarantee as to what price you will get. It is advisable to put a realistic reserve on the sale price. Things to consider:
- Why are you selling at auction? If there is a legal or practical issue with the property let us know and we will happily chat through your options
- Unlike an open market sale you have to obtain searches which normally a buyer would get. Normally the cost of these would be refunded via the buyer in a successful sale but it would be an upfront expense for you
- Once the hammer has gone down at auction you have effectively exchanged contracts so both you and the buyer are tied in. There is no turning back!
- In most cases completion is 28 days after the auction. If you require a longer or shorter time period please let us know
- Instruct us as soon as possible. We can then start to prepare a legal pack. On an auction sale a legal pack is made available via the selling agent and will form an important part of any potential buyer's decision making process and whether they decide to bid or not. The sooner this is done and available the better
We act for both landlords and property owners in lease extensions. This is a specialist area of law with many potential complications; however we have a number of lawyers experienced in this area who can assist.
A lease is in basic terms a very long tenancy agreement. As the number of years goes down the value of the lease also reduces. It is therefore common for the lease to be extended and in these cases a premium is payable to the landlord.
A lease can be extended voluntarily where basically the Landlord and property owner 'do a deal.' Normally valuation advice is obtained by one or both parties first.
The other way of extending a lease is by using a statutory process. Once someone has owned a leasehold property for two years they have a legal right to have their lease extended. If the terms of the extension cannot be agreed there is a set procedure to be followed.
One thing to note is the property owner is responsible for both their legal and valuation fees and those of the landlord. These can be significant, particularly if the statutory process is followed. Also a lease extension can be used to put new terms in the lease or tidy it up should some terms have been poorly drafted or become outdated.
Whatever the circumstances, get in touch with one of our advisers who can help and go through things with you.
With our free initial telephone conversation and no hidden costs policy, finding out more about your options is straightforward. Call us today on 08082747557 to arrange a chat with one of our experts today.
There can be many reasons for transferring legal title to a property. It could be as a result of marriage, divorce, tax or other reasons. Whatever the reason, we are here to help make the process as straightforward and painless as possible.
In many transfers there can be potential tax consequences such as Stamp Duty, Capital Gains Tax and Inheritance Tax. These may not be immediately obvious so please talk through with us your reasons for doing the transfer and we can either assist or may need to suggest you seek accountancy advice.
If you are transferring a property from sole to joint names it may also be advisable to draw up a trust deed to protect both your interests.
With our free initial telephone conversation and no hidden costs policy, finding out more about your options is straightforward. Call us today on 08082747557 to arrange a chat with one of our experts today.
QualitySolicitors can advise you how to seek compensation when a fatal injury has been caused by the negligence of another person or company.
A wrongful death is a fatal injury that results directly from the negligence of another. That could be an individual or an entity, such as a company, business, local authority or hospital. Making a claim for the death of a relative or loved one can be complex. It can involve court hearings and inquests which can be long and drawn out. However, if you relied upon that person financially, you have the right to seek financial compensation. You also have the right to seek justice for a death that should have been avoided.
QualitySolicitors have some of the best lawyers in the UK. Their legal advice and experience will make your claim as straightforward as it possibly can be. Inquests can seem complicated, the law filled with legal and medical jargon. We explain everything to you in simple language. We keep you involved throughout we promise. And we will answer any questions you have as promptly as we can. Costs and timescales are made clear from the outset, and if anything changes, again, we will explain these to you.
Achieving the best possible outcome means seeking the financial compensation you deserve. Contact us on 08082747557 and ask for one of our expert lawyers.
Professional Negligence, in simple, occurs when a professional (e.g. a Solicitor, Accountant, Surveyors to name but a few) fails to provide the level of excellence which is required of their service. This is because all professionals have a duty of care to their client, if this is not provided and results in you suffering damages or losses, you may have a claim against them.
When you instruct a professional you expect a professional service, at QualitySolicitors we take pride in consistently delivering exactly that. If you feel as if you have been provided less than expert advice from a professional, you should take action, Professional Negligence is not acceptable. It can often be hard to distinguish if you feel you have enough grounds to take action for Professional Negligence, however, our solicitors will always advise you based on your individual circumstances and in turn, the best course of action for you to take.
Our solicitors have dealt with a range of different Professional Negligence cases and in doing so have developed a diverse set of skills to assist you in your dispute. We have vast experience in dealing with claims involving the following;
If you would like to get in touch with regards to a Professional Negligence claim then please do so, our litigation team are always happy to assist and advise you based on your individual needs and concerns, keeping you updated throughout each step of the process. You can contact us via telephone at 08082747557. It would be great to hear from you and we wish you all the best in resolving your dispute.
Unfortunately professionals such as Solicitors can get things wrong from time to time which may extend to professional negligence. Which means you may be entitled to claim compensation for your financial losses.
This can occur in a number of different ways in all areas of law. For example, circumstances where your Solicitor or Barrister has provided inadequate advice or has failed to meet time limits.
At QualitySolicitors we’ll gladly look at what you may be entitled to through our Ask the Legal Expert service. As every case is different, where possible, we may be able to assist you on a no win, no fee (conditional fee) basis.
If you think you have a claim or have any questions please get in touch with one of professional negligence solicitors today by calling 08082747557.
Dealing with the estate of a recently deceased loved one is never easy. Legal issues can arise regardless of whether or not they had made a will.
If you believe that you have not been provided for sufficiently, there are ways to challenge how assets have been divided. During this period emotions can run high and often the best way to resolve things is by seeking expert guidance.
At QualitySolicitors we have the expertise to help you resolve your issues with the minimum of stress. Issues can include:
- A family member or dependent has been left out of a will or is not included as being a beneficiary in accordance with the intestacy rules
- Concerns over mental capacity, undue influence or duress when making a will
- Mistakes within a will
- Whether a will has been properly drafted, signed and witnessed
- Problems with the distribution of assets
If you have one of these, or any other issue please do not hesitate to contact of our team on 08082747557 who will be happy to assist.
Grounds for Challenging the Will
Lack of legal formalities – S9 of the Wills Act 1837, no will shall be valid unless it is in writing and signed by the person making the will with two people witnessing their signature.
Lack of testamentary capacity - where the person making the will did not understand that they were making a will or, the effects that the will would have upon their property and who would receive it after they had died.
Lack of knowledge and approval – where the person making the will didn’t know what was in the will and didn’t approve the will that was made.
Fraud or undue influence - where the will was made by someone else who had portrayed themselves as the person that was entitled to make the will or, where there is evidence to show that a person had taken advantage of a position of power over a person making a will and had used it to unduly influence them in the preparation of the will.
Subsequent revocation - where it can be shown that there was a later will or that they had married after they made the will.
Proprietary estoppel - where the person that made the will failed to keep a promise that they made to you (which you had relied upon to your detriment) to leave something to you in their will.
Constructive trust – where the deceased tried to make a gift of property that does not belong to them because it is already been placed in a trust.
Debt – where the deceased owed you money.
Inheritance (Provision for Family and Dependants) Act – where the will did not make any provision for you at all or, if it did, that provision was not reasonable.
Who can Challenge a Will
It will generally be family members.
- A beneficiary under an earlier or later will.
- A person who had been promised something that was then left by the person that had made that promise to someone else in their will.
- Someone that owns property that is now being gifted to someone else in the will.
- Someone who was owed money by the deceased.
- Someone who married the person after they made the will.
How Much Time do I Have to Challenge a Will?
Different time limits apply to different causes of actions. Therefore, it is essential to seek legal advice as soon as possible in order to ensure that you are not too late to make a claim.
Challenging the validity of the will - There is no strict time limit that applies. However, parties are expected to avoid delays and to present their claim as soon as reasonably possible.
Inheritance (Provision for Family & Dependants) Act 1975 - There is a strict 6 month time limit for making a claim for provision to be made. The time starts to run from the date when the Grant of Probate (which is required to administer the estate) has been issued by the Probate Registry.
Fraud - There is no time limit in cases that involve fraud.
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