GHP Insights

News, Q&As and Press Releases From Our Team

Q&A - Can developer claw back on restrictive covenant for property I sold years ago?

Q: I purchased one of three adjacent properties 23 years ago. The centre property subsequently suffered severe subsidence and had to be demolished. The developer paid compensation to the owner and offered me and the other property owner the option to each purchase half the land as additional garden. Within the deal was a restrictive covenant providing a claw back clause for the developer in the event that there should be any future construction on the land.

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Q&A - Can we get out of contract with developer on grounds of completion delays?

Q: We signed a contract to buy a house being built by a local builder on a single plot of land. We paid a deposit and were told the house would definitely be completed by the end of April 2019. On that basis we put our current house on the market and found a buyer. However, it is now the end of June, the new house is nowhere near completion and our buyer is pulling out because of the delay. We could just move out and rent but, in honesty, we have lost faith in our builder. We have told him we want to pull out but he says we can’t as we have signed a contract.

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Q&A - Can we sue boxing club for son's brain injury?

Q: My 15-year old son recently joined the local boxing club. Whilst he was in training the coach told him to box with another boy of similar age, for three 1minute rounds. In the second round my son was punched in the stomach, which caused him to fall and hit his head on the ring floor. The coach phoned to tell me me about his accident and I immediately drove to the hospital.

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Q&A - What are the current laws on surrogacy and how and when are they changing?

Q: I saw recently on the news that the current surrogacy laws are to be updated. Can you advise what changes will be made and when, as my husband and I have been unable to conceive naturally and are considering surrogacy as an option.

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Q&A - Hotel flood ruined my work's IT equipment. Are they liable for the damage?

Q.  I am an IT Engineer and often spend considerable amounts of time away from home with work. I was recently staying in a hotel and when I returned to my ground floor room from my evening meal I found various items of my expensive computer equipment water damaged as the result of a flood. The equipment is completely ruined. I have spoken to the hotel owners who have informed me they are not accepting any liability for the damage. Is their stance correct?

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Q&A - Can I change the Lasting Power of Attorney (LPA) I set up six years ago?

Q:  I’ve watched two friends lose capacity and end up in a real pickle because they had not made any provision for something happening that left them unable to look after themselves or their affairs. To avoid being in a similar situation myself, six years ago I set up a Lasting Power of Attorney with my daughter named as Attorney. However, my daughter now lives with a controlling man whose eyes grow large whenever he sees my very substantial house and I am worried he might persuade my daughter to act in his best interests rather than mine. Can I change the LPA if it has been registered?

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Q&A - Can inmate get help to bring a slander case against prison?

Q: My boyfriend is in prison and he really is not having a nice time there.  I saw him last week and broke down in tears afterwards because he was so upset. The other prisoners are all saying he has committed a crime that he has not done, but it is all because the wrong information was put out on the prisoners’ internal email system. 

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Q&A - Personal injury solicitors are not keeping me informed. What can I do?

In our opinion pursuing litigation should always a matter of teamwork.  A good solicitor will always keep you informed about the timetable and when they need some input from you. If your relationship with your solicitor has broken down, now might be the time to switch your instructions to a different firm before anything disastrous happens. You can find a list of local solicitors on The Law Society website who have accreditations in various areas of law. Choosing a local firm with the right accreditation should give you peace of mind.

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Q&A - Can CCJ be set aside if elderly father was unaware of unpaid bill?

Q: My father is elderly and bedbound.  He is reliant upon friends to take care of shopping, washing, and so on. I work away during the week but usually go at the weekends to help him sort out his post, pay his bills etc. I have been away for over two months though, visiting my daughter in Australia. During my absence other people were looking after things. Now it turns out that he is being sued for an unpaid bill for electricity.  I didn’t know anything about the Court case and it seems that judgment has now been entered against him.  What can I do to help?

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Q&A - Do health issues brought on by cellmate hanging himself warrant an injury claim?

Q: My son is serving a prison sentence in jail in Liverpool. He has been a model prisoner since being convicted and was looking forward to early release. Tragically, a few weeks ago, one of the people he was sharing a cell with hung himself.  Even worse, my son had to help the prison officers take down his body.

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