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“Administration is eternal, forever and ever, Amen” - Removing an Executor

Whilst Sir Humphrey Appleby is, no doubt, right about the business of government being an eternal process (something we have perhaps all been...

Putting a Caveat on progress…

With the Ministry of Justice reporting that the number of Caveat applications made in England and Wales passed the 10,000 mark in 2023, it is clear...

Understanding Leasehold Costs: Ground Rent and Service Charges Explained

If you own a leasehold property, you will be liable to pay various additional fees to the freeholder. This includes ground rent and service charges.

Ways To Challenge a Will - Lack of Testamentary Capacity

A Will is invalid if at the time it is executed the person making it (‘the testator’):

Standish v Standish – Nuance in The Deemed Divorce Cross-check in Inheritance Act Claims

The Inheritance (Provision for Family and Dependants) Act 1975 When somebody dies and ‘reasonable financial provision’ is not made for their...

Is an application to strike out a claim worth it on the small claims track?

What is an application to strike out? Where a statement of case (such as a claim, defence, or counterclaim) has absolutely no prospects of success...

Ways To Challenge a Will - Want of Knowledge and Approval, Rectification and Professional Negligence

A Will is invalid if at the time it is executed the person making it (‘the testator’) does not know: that they are making a Will; or that it will...

Lost Wills: What are the consequences and what can be done?

Inevitably, the process of administering a person’s estate starts very soon after their death. One of the first steps in that process is finding the...

“This product is rubbish” - Top tips for consumers

Faulty Product Under the Consumer Rights Act 2015, products purchased must be of satisfactory quality, fit for purpose and as described. If this is...

Court finds seven Charitable Gifts as valid Dryden v Young & Others (2024)

Charitable Gifts in Wills Many people look to make provision in their Wills for Charity, for a variety of reasons. Some may wish to benefit a...

The Agricultural Landlord and Tenant Code of Practice

April 2024 saw the launch of the Agricultural Landlord and Tenant Code of Practice. The Code provides guidance to agricultural landlord and tenants...

Heyes v Holt – Weak Claims, Summary Judgment and Quasi-Security for costs in the alternative

Many probate disputes are genuine. However, quite a lot of claims are weak, and are pursued in the belief that the defendant is bound to settle if...

Estate Administration Disputes (Testate Estates)

Disputes between Executors and the Beneficiaries of Estates have become much more common in recent years. Often, the dispute has its origins in both...

Claims Under The Inheritance (Provision for Family and Dependants) Act 1975

‘As I was banished, I was banished Hereford. But as I come, I come for...my claim To my inheritance’.

A win at the High Court for the Commercial Dispute Resolution team

Porter Dodson’s Commercial Dispute Resolution team are celebrating a win in the companies and insolvency division of the High Court on behalf of a...

Exploring Alternative Dispute Resolution (ADR) for Civil Disputes

When entangled in a civil dispute, the traditional route of litigation through court proceedings might seem like the default path. However, it's...

Addressing the Rogue Builders Challenge

In his latest monthly Q&A, Property Litigation specialist Will Bartley delves into the rising concerns surrounding new-build housing and the surge in...

Everything You Need to Know About Restrictive Covenants

When it comes to real estate, the concept of restrictive covenants plays a significant role in shaping land use and property development. These...

New Landlord Guidance - Understanding the Government's Damp and Mould warning

In his latest monthly Q&A, Property Litigator Will Bartley highlights the importance of the new guidance for private and social landlords regarding...

Landlords' intention to redevelop - Ground F

The Landlord and Tenant Act 1954 (the Act) provides tenants of commercial premises (exclusions apply) a right to renew their lease when the initial...

TOLATA disputes - What happens to jointly owned Property after a break-up or dispute?

Property Litigator Will Bartley, discusses what happens when joint-owners no longer wish to jointly own their Property, and what steps can be taken...

Renters (Reform) Bill 2023

After years of delay from its original announcement in 2019, the Renters (Reform) Bill 2023 was finally introduced in Parliament on 17th May. The...

Changes to No-Fault Eviction Rules

UK government’s proposal to limit a residential landlord’s ability to evict tenants without a specific reason, commonly known as “no fault”...

What is TOLATA?

Marriage is certainly on the decline. Data from the office for national statistics shows that the latest marriage rates are the lowest on record....

Where is my legal boundary and who is responsible for it?

Back in February, Storm Eunice caused widespread property damage and destruction, together with power cuts, to many households. Because of the...

Rent arrears: what to do if your tenant's not paying rent

On 1 April 2022, the energy price cap increased by 54% allowing energy companies to charge up to £1,971 per year. With so many households already...

Residential possession claims

One of the most common agreements between a landlord and tenant is an assured shorthold tenancy agreement. This type of tenancy agreement permits a...

Leasehold enfranchisement

Tenants of residential long leases generally enjoy rights to extend the term of their lease. They may also enjoy rights in respect of the management...

What is the Presumption of Death Act 2013?

If a person is missing and presumed to be dead but there is no body, then several difficulties can arise.

Short-term lets - Can I rent out my leasehold flat?

The past few years have seen substantial growth in the number of people marketing their leasehold properties on a short-term basis with companies...

Residential property tenancy notice period update

On 1 October 2021, the notice period required to be given to tenants occupying residential property in England under an assured shorthold tenancy...

New associate joins Porter Dodson Dispute Resolution Team

Porter Dodson has appointed a new associate to the Dispute Resolution Team. Helen Williams joins the firm with more than 15 years’ experience in the...

Estranged daughter awarded money in Wills dispute

An estranged adult child who, along with her siblings, had been disinherited from benefitting from her late father’s estate worth in the region of...

Family breakdown over a property dispute

The legal principles surrounding property ownership can be complicated and promises made can be binding.

Break failure

Commercial lease break clauses continue to be a rich source of dispute and a challenging economic climate makes it easy to understand why. For...

Convicted after cutting down clematis

Spring will soon be upon us and the green fingered amongst us will be looking forward to getting into the garden to carry out some long awaited...

Landlords in distress

Until 6 April 2014 it had long been a cornerstone of a commercial landlord’s powers that, in the event of default in payment of rent, a landlord was...

Are there benefits to Alternative Dispute Resolution?

Written within the lecture notes of a nineteenth century lawyer named Abraham Lincoln are the words “Discourage litigation. Persuade your neighbors...

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