Failing to comply with civil procedural rules, practice directions and/or court orders can increase the amount of time it takes for a dispute to be resolved and/or the costs of doing so. These delays and costs affect other court users, as well as the parties to the instant proceedings. In keeping with the April 2013 Jackson Reforms’ intention to keep the time and cost of litigating to a minimum, the courts seem to be taking a more robust and pro-active approach to case management,

Legal Ombudsman scheme rules and guidance There does not appear to be anything in the Legal Ombudsman Scheme Rules that prevents a law firm from issuing proceedings to recover an unpaid bill where the client has complained to the Legal Ombudsman in relation to that bill. The Legal Ombudsman (LeO) publishes FAQs, including one titled: I want to complain, should I still pay the service provider’s fee? LeO cautions: ‘We understand that if you are unhappy with the service you have received, you may not want to pay all or part of your service provider’s bill. However, it is important to understand that your service provider may take court action against you to recover their fees and any investigation into your complaint by us does not prevent this. As such, you may wish to pay the fees but

Part 2 of the Housing Act 2004 (HA 2004) establishes a licensing regime for Houses in Multiple Occupation (HMOs). HA 2004, s 254 gives the meaning of an HMO, stating that the HMO label may be applied to ‘part of a building’. For more information, see Practice Note: Houses in multiple occupation (HMOs). HA 2004, Sch 14 lists the types of accommodation which are excluded from the definition by HA 2004, s 254(5). Most care homes will fall within the exclusions in HA 2004, Sch 14, para 3 because they are regulated otherwise than under HA 2004. Paragraph 3 applies if the building is otherwise regulated and is ‘of a description specified for the purposes of this paragraph in regulations made by the appropriate national authority’. In England, the Licensing

This Q&A relates to the exclusion from the residential higher rates on purchasing a dwelling as a replacement main residence. Provision is made in the legislation for the exclusion to apply where a dwelling that was used by the purchaser as a main residence is disposed of within three years of their purchase of a new main residence. The dwelling disposed of is referred to in the legislation as ‘the sold dwelling’. One might infer from this description that it is a condition that the old main residence

Without prejudice privilege applies to communications between parties where there is a real issue in dispute between them and the communication is or is part of a genuine attempt to negotiate a resolution. Simply heading a letter as being 'without prejudice' will not suffice in the event that these criteria do not apply; conversely where they do and the sense of the communication is that it is intended to be privileged, failing so to head it will not necessary mean that the privilege does not attach. There

Where a planning permission has been quashed following a legal challenge, the planning status of the site reverts back to the position it was in immediately prior to that planning permission being granted. This means that there is a live planning application and the local planning authority will need to make the decision again as to whether to grant or refuse planning permission. Any work carried out pursuant to the quashed planning permission will now be considered to have been carried out without planning permission. If planning permission is then granted again, there is no issue and the planning permission is simply granted retrospectively, or partly retrospectively in accordance

We note at the outset that for an employer to instruct an omission of works, the contract between the employer and the original contractor must contain provisions permitting it to do so. This will depend on the wording of the contract. Even where a contract allows the employer to omit works, the court has been clear that, in the absence of express wording, this does not extend to permitting the employer to give the work to a new contractor. See: What is a variation on a construction project?—Omissions and Q&A: Can an employer omit work from the building contract in order to give it to another contractor?. If there is an express right, then the variation must be instructed in accordance with any procedural requirements (see Practice Note: What is a variation on a construction project?). Although the ability to omit works is often included within a

Construction analysis: The Technology and Construction Court (TCC) held that the claimant was entitled to withdraw its adjudication claim part way through the process, and later commence a second adjudication on substantially the same dispute. However, the TCC reiterated that the court will stop such serial adjudications if, on the facts, they are both unreasonable and oppressive. In addition, the defendant was entitled to recover its wasted legal costs caused by a breach of the parties’ adjudication agreement. Luke Wygas of 4 Pump Court Chambers considers the case.

Time for service of the claim Under CPR 7.5(1), the claim form must be served before midnight on the calendar day four months after the date of issue of the claim form. By CPR 7.6, a claimant may apply for an order extending that four-month period by making an application before that period expires. All is not lost if the application is made after the four months, but the court must be satisfied that the application has been made promptly (CPR 7.6(3)). The particulars of claim, if they are not included within

This Q&A relates to the point at which legal title definitively passes to a transferee on the transfer of shares potentially subject to stamp duty relief arising as a result of a reorganisation which satisfies the conditions set out in either section 75 or 77 of the Finance Act 1986. For comprehensive information on the applicability of those reliefs, and the procedure for claiming them, see Practice Note: Stamp duty reliefs—intra-group, reconstruction and acquisition reliefs. As more broadly noted in Practice Note: Transfer of shares—law and procedure, notwithstanding that an instrument of transfer in relation to shares being sold

There are tax implications for buying a holiday home in Wales. The primary tax to consider is land transaction tax (LTT) which replaced stamp duty land tax in Wales from April 2018. LTT is payable when purchasing a property over a certain price threshold, and higher rates apply to the purchase of additional residential properties, potentially including holiday homes, subject to the satisfaction of certain conditions. When purchasing a holiday home, the higher

Whether planning permission is required when buying a holiday home in Wales depends on the current use of the property, any existing article 4 directions, and any intended development of it. In Wales, from 20 October 2022, following the Town and Country Planning (Use Classes) (Amendment) (Wales) Order 2022, SI 2022/994, the Town and Country (Use Classes) Order 1987, SI 1987/764 distinguishes between dwellinghouses used as sole or main residence (Class C3), dwellinghouses used otherwise than as sole or main residence (second homes) (Class C5), and short-term lets (Class C6). Also from 20 October 2022, the Town and Country Planning (General Permitted Development) Order 1995 (GPDO 1995), SI 1995/418 was amended by the Town and Country Planning (General Permitted Development etc) (Amendment) (Wales) Order 2022, SI 2022/997 to provide a permitted development right for changes of use from