Landlord and Tenant Disputes: Dilapidations Claims

Landlords and tenants of commercial premises can often find themselves in disputes at the end of a lease in relation to dilapidations, which are monies due to a landlord by a commercial tenant for breaches of a tenant’s repairing obligations. The starting point is to look at the tenant’s repairing obligations, which can vary significantly according to the wording of the lease. The Pre-Action Protocol which applies to dilapidations claims requires landlords to serve a schedule of dilapidations setting out the works required to put the property in the required state of repair and a quantified demand detailing the landlord’s costings for the repairs. Parties generally instruct their own surveyors…

The importance of pre-nuptial agreements

In recent years there has been a rise in the number of couples getting a pre-nuptial agreement – also known as a pre-marital agreement and commonly known as a pre-nup. In this article, we explain what a pre-nuptial agreement is, why they are important, and the reasons why you might want to consider getting one if you are getting married. What is a pre-nup? A pre-nup is a formal, written agreement made between the two people who are getting married before their marriage takes place. It details how their belongings such as property, money and other assets will be divided should their marriage unfortunately break down in the future. Is…

What you need to know about driving lessons on the motorway

From 4 June 2018 the law is changing to enable learner drivers to undertake driving lessons on the motorway. The ability to drive on the motorway is voluntary and is not a new element of the driving test. Not everyone has easy access to motorway and therefore it would be unfair to make it a mandatory part of learning to drive. Some student drivers may not wish to drive on a busy motorway until after they have passed their test and gained more experience. You can take “pass plus” lessons with you instructor after obtaining your licence should you wish to have supervision when you first decide the time is…

Divorce in same sex marriages

Divorce in same sex marriages

Same sex marriage was introduced by the Coalition Government, with the Marriage (Same Sex Couples Act) being passed by Parliament on the 17th July 2013, and the first same sex marriages taking place less than a year later on the 29th March 2014. Previously, same sex couples had not been able to get married, but since 2005 had been able to enter into a Civil Partnership. The Civil Partnership Act (2004) was passed in November 2004 and took effect from 5th December 2005. Registering a Civil Partnership gave couples the same legal rights as marriage gave same sex couples. Couples who are in a civil partnership are able to convert…

The divorce process

What to expect from the divorce process

The process of getting a divorce in England and Wales will, of course, vary from case to case, as no two cases are identical. However, the basic principles behind a divorce will largely be the same, so this article explains what you can expect if you are considering getting divorced, or if you are already at the start of divorce proceedings. Firstly, the spouse that wants the divorce has to file for one. They are known as the petitioner or the applicant, and they fill in a divorce petition form that includes their full name and address and their spouse’s full name and address, and send three copies, a copy…

Well known Solicitor retires after 45 years in Boston

Richard Tinn retires from Sills & Betteridge LLP on 4th July, having started his legal career in Boston on 13th November 1967 with Grocock & Staniland (later Ringrose Law). He then set up his own firm Richard Tinn & Co. which was acquired by Sills & Betteridge in 2011. During his 45 years as a solicitor, Richard has practiced in a number of legal areas, for both private and commercial clients and very much appreciates those who have supported him and the staff he has worked with, especially those who were with him when he practised on his own. During his time in Boston, Richard was involved in several community…

What happens to your estate if you don’t leave a Will?

Most people will know what a Will is. It is a legal document which details how a person would like their “Estate” (which is made up of assets such as property, money and possessions) to be distributed after they pass away. The person who is making the Will is known as the “testator”. The two main reasons for leaving a Will are to protect your children and to provide for the people for whom you want to provide, which is why it is so important to make a Will. Whilst most people know what a Will is, a surprisingly large number of people pass away without leaving a Will. They…

What rights do cohabiting couples have when their partner dies?

Recent research carried out by the insurance company Direct Line showed that 38% – more than one third – of cohabiting couples living in the UK were unsure of what their rights would be should their partner pass away without leaving a will, and that one in ten cohabiting couples wrongly believed that they would be automatically entitled to inherit their partner’s share of any property that they lived in together. However, this is not the case. A surviving partner will only inherit if this is stated in the deceased partner’s will. This can come as an extremely nasty surprise to some people who are already mourning following the loss…

Stephen Wilson, Executive Head of Claims at Sills & Betteridge and accredited Fellow of APIL

Association of Personal Injury Lawyers launches “Compensation Explained”

The Association of Personal Injury Lawyers (APIL) have recently launched what they describe as their “latest public information venture”, an online booklet called “Compensation explained” which is a guide to personal injury compensation, its purpose, and its value to society. Who are APIL? APIL is a national not-for-profit membership group that was founded in 1990 by a group of barristers and solicitors who wanted to improve the services that were provided for victims of negligence and fight and campaign for the rights of injured people. They now have more than 3,5000 members and are “dedicated to changing the law, protecting and enhancing access to justice, and improving the services provided…

Requesting Judicial Assessment of merits at preliminary hearings

The Employment Tribunals Rules of Procedure provide that a Tribunal shall wherever practicable and appropriate encourage the use by the parties of the service of ACAS, judicial or other mediation, or other means of resolving their disputes by agreement. In October 2016 the President of the Employment Tribunals in England and Wales issued Presidential Guidance – Protocol on Judicial Assessments. The Protocol creates a confidential process whereby an Employment Judge can offer an earlier assessment of the strengths and weaknesses of the parties’ respective cases. Judicial assessment involves evaluating the strength of the parties’ cases. Employment Judges will use their skill and experience in doing this, whilst remaining wholly impartial.…