Entries by Anton Bilinski

Early Neutral Evaluation: Another Victory for Alternative Dispute Resolution

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Following the Woolf Reforms in April 1999 with the replacement of the Civil Procedure Rules (CPR) meant that prospective litigants were to make every effort to settle their differences via pre-action protocols with the intention of avoiding Court proceedings. The most common aspect of ADR was mediation. Whilst CPR required the Court to manage cases […]

Tenant Fees Act 2019

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The Tenant Fees Act 2019 came into force on 1st June 2019. Its provisions apply with immediate effect to all tenancies created on or after the 1st June 2019 (assured and assured shorthold tenancies including student lettings) and will apply to all other existing assured and assured shorthold tenancies from the 1st June 2020. The […]

Criminal Injuries Compensation Authority Review Announced

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At the end of last year the Justice Minister announced a review of the Criminal Injuries Compensation Authority (CICA) together with a full consultation on the reform proposals. A CICA claim allows persons who have been physically or mentally injured because they were the victim of a violent crime in England, Scotland or Wales. Compensation […]

Contributory Negligence

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In a claim for personal injury compensation, it will be a partial defence to the claim to show that the claimant contributed to their injuries. This is known as contributory negligence. Where the claimant can prove that the defendant was negligence, but the defendant can prove contributory negligence on the part of the claimant. The […]

Personal Injury Update 2018;Changes to Whiplash Claims

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One of the major developments this year was the passing of the Civil Liability Bill which introduces reforms to whiplash injury claims. The reforms aim to reduce the number of low value road traffic accident claims and the cost of insurance premiums and to prevent fraud. The Bill was introduced in the House of Lords […]

Landlord and Tenant Update; Assured Shorthold Tenancies

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Following on from my previous article Changes to Section 21 Notice which was implemented by the Deregulation Act.  These changes first came into effect on 1st October 2015 but only for tenancies which started or were renewed for new fixed terms after that date.  Therefore we have been in a transition period for tenancies which pre-dated […]

Changes To Section 21 Notices Coming 1 October 2018

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On 1 October 2015, big changes were made to section 21 of the Housing Act 1988 for tenancies in England. These changes were brought in by the Deregulation Act 2015 for tenancies that came into effect or were renewed on or after the 1st October 2015. The notable provisions were as follows: The introduction of […]

Boundary Disputes

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The question of where exactly the edge of your property ends and where the adjoining property starts is one that frequently becomes an area that our property dispute department is asked to assist with. Establishing the precise location of a boundary is not always as easy as it would first seem. It is a common […]

The Civil Liability Bill – What It Means For You.

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Parliament announced on the 5th July 2018 that legislation intended to reform the personal injury small claims sector looks set to be halted until at least September 2018. Part of the proposed bill which is now due to come into force in April 2019 makes significant changes to the personal injury compensation system by introducing […]

Pre-Action Protocol For Debt Recovery.

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It is worth being aware that a new Civil Procedure Protocol comes in to effect on 1st October for debt recovery.  Therefore, if you are a business seeking payment of a debt from an individual, including a sole trader there is a protocol you should be adhering to before you issue County Court proceedings.  This […]