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Insurers remain reluctant to pay business...
Posted in Dispute Resolution on 3rd Mar 2021
On 28 February 2021 the Sunday Times reported that FTSE 250 insurer Hiscox offered a struggling East London café owner $13.00 in settlement of its business interruption claim.
The London café claimed for more than 3 months’ loss, comprising of $1,600 a month in rent and $2,500 a month in stock, after it faced closure due to the Government’s response to the Covid-19 pandemic. The café had said it had been “battling bankruptcy” due to closure, like many other businesses in the UK today.
It was reported by sources close to the FTSE insurer that only...
Can my landlord refuse to carry out repairs...
Posted in Housing Disrepair on 29th Nov 2021
Can my landlord restrict their obligations to repair by way of tenancy agreement?
Some landlords may attempt to avoid their obligations to repair defects in your home by adding terms into a Tenancy Agreement which purports to limit or exclude their liability.
In Short, even if your Tenancy Agreement contains limiting or exclusion terms regarding the landlord’s duty to repair, a landlord cannot refuse to carry out a repair to your home because a tenancy agreement is underpinned by both express and implied terms, and implied statutory terms supersede...
Housing disrepair and the issue of notice
Posted in Housing Disrepair on 29th Nov 2021
Have you given sufficient notification of the defect to your landlord?
In the UK, four million households live in rented social housing, which is just under a fifth (17%) of all households in the country. In 2019-20, 10% (2.4 million) of all households rented from housing associations, and 7% (1.6 million) from local authorities. In light of the vast majority of the UK population living in rented accommodation, it remains more important than ever to maintain an amicable relationship with your tenant or landlord.
Under the most standard tenancy agreements...
Medical Notes v Witness Statements
Posted in Medical Negligence on 23rd Nov 2021
Which is more important?
The recent High Court decision of Sheard -v- Cao Tri Do has given helpful guidance on how the court will approach the question of what took place in an appointment where there is ambiguity over what was said. The Court found that if the medical records are unclear, or there is scope for multiple interpretations of records, the Court will rely on the parties’ own testimony and credibility to determine what happened.
The underlying case related to a GP’s failure to refer a patient to hospital.
Our case study of medical notes...
