David Rogerson

Contentious probate refers to any disputes about an individual's estate when they are no longer here. This process can be difficult for families and lead to many mixed feelings, but understanding when an estate can be contested can help answer many...

What is commercial litigation? Any legal action taken that involves a corporate party is commercial litigation. This includes anything from employment issues and contract disputes to major cases between large international companies....

In July this year, the Co-operative convenience store chain was found to be using facial recognition technology across stores in the south of England, leading to complaints being filed to the Information Commissioner's Office (ICO), who regulate the...

Garden predators are taking root in the courts, as householders take action to fight off plant invaders that can be highly destructive and undermine property values. One of the most common reasons for garden-related legal action is when Japanese...

Holidays abroad are back, but due to staff shortages, airports are struggling, and flights are being routinely cancelled and delayed across the country, including domestic and European routes often last minute. So with the school summer holidays fast...

Spring, warm weather and longer days sees a surge in interest in garden works each year, and where householders improve and replace, boundary disputes are sure to follow… One recent long-running case saw an Essex couple fighting over six inches of...

The new tax year began on 6th April 2022, and while you may not have made any ‘new year, new you’ promises, perhaps it could be time to sort out your business finances. It can be easy to let things slip - a late invoice, a missed payment and even...

World Consumer Rights Day will be on 15th March in 2022, with the theme of ‘Fairer Digital Finance’. This article looks at one of the most popular consumer credit schemes today - buy-now-pay-later. Buy-now-pay-later (BNPL) products have rapidly...

If you are considering an at-home fireworks display or perhaps a bonfire, you need to be sure that you do not fall foul of the law. Rules concerning fireworks and bonfires are designed to keep us all safe and to prevent nuisance in the neighbourhood. In this...

With the significant increase in shopping online, receiving boxes via one of hundreds of white vans up and down our streets seems common place. With Christmas approaching, most of these boxes will be eagerly awaited but what happens when you receive a box...

In an unprecedented year, businesses who believed they have taken the sensible option of insuring against potential losses, have been left high and dry. Having policies that were supposed to cover business losses as a result of matters out of their control,...

Residential landlords must get their houses in order with the arrival of further legislation to protect tenants through electrical and building safety requirements. New electrical safety standards are rolling out for private sector tenancies and...

Christmas brings a round of festive celebrations with drinks, dinners and bottles of wine shared between customers and suppliers, but whether giving or receiving, businesses need to keep up with the rules on corporate gifting. Under the regime...

For the majority of people, a house is the most expensive thing they will buy. Not only will they invest significant sums in a deposit but also enter into long term debt. And that is ignoring the emotional attachment and stress created by the whole process. ...

Unbundling In the context of legal services, the term 'unbundling' is used to describe provision of discrete acts of legal assistance under a limited retainer, rather than a traditional full retainer where a solicitor typically deals with all...

When looking at a claim against a professional for negligent work, otherwise known as " professional negligence " does the amount of the fees charged by that professional make a difference to what standard of service you should have expected? The...

If you involve yourself in mortgage fraud and end up without your ill-gotten gains, can you really complain? Well the answer in the case of Stoffel & Co v Grondona is yes! The Court of Appeal was asked to consider a case where a client who made...

The Supreme Court will shortly be considering a long-running dispute about the rights of a client to sue his former solicitors. The court will hear the appeal of defunct claimant firm Raleys Solicitors against the ruling of the Court of Appeal in 2017. ...

The recent case of Barton v Wright Hassall [2018] UKSC 12 raised two interesting issues, namely could ineffective service of proceedings be validated under the Court rules and are litigants in person to be given extra leeway if they make a mistake, as they...

There has been a recent spate of cases revolving around fraudsters acquiring properties by using false ID documents and then selling them on to unsuspected buyers. They then disappear with the money before the fraud is discovered. So what can the true owner...

We always hear our kids say this when they cannot comprehend the unfairness of a situation. This sometimes happens in Professional Negligence cases and a good example is the case of BPE Solicitors v Hughes-Holland [2017] which was decided by the Court of...

(An Amendment to the Professional Negligence Pre Action Protocol) An amendment to ‘The Pre-Action Protocol for Professional Negligence came into force recently. The amendment to the protocol was made following a pilot to establish a scheme of...

The Court of Appeal has recently confirmed the ruling of the High Court that a barrister and their instructing solicitors were not negligent in giving advice to a client to settle her claim for compensation during a trial following a road traffic accident. ...

Businesses and private individuals all rely on the expertise of investment advisors to make sure they maximise their financial assets and minimise tax liabilities. However, investment advisors may rely on the professional expertise of a network of...

Funding any type of litigation can be a problem. If you are seeking justice for a Professional Negligence claim, you may be daunted by the fact the other party is likely to be insured and have deep pockets with which to defend any claim you bring....

Most claims have to be commenced within set time limits otherwise they become statute barred pursuant to the Limitation Act. For instance, breach of contract claims will need to be bought within 6 years of the date of the breach of contract. Professional...

This may have been the cry in the past but pursuing a Professional Negligence claim today is much more of a considered approach. As with many types of claim, there are Pre Action Protocols to follow which encourage parties to be more open with their...

Professional negligence claims can be complex and therefor the legal cost of pursuing them can be high. Chattertons offer a range of funding options and all these should be considered carefully at the beginning of any case: ...

Professionals such as accountants and tax advisers are meant to provide trustworthy financial and taxation information and advice to a company and/or individual. Although a full review of any case is required to assess a potential claim, here are some...

Solicitors have an absolute duty to act in the best interest of their Clients. This is a cornerstone for the Legal Profession. Part of this duty is to ensure that you do not act where there is a conflict between your own or your clients’ interests. In...

Most people who take out a pension feel they have acted sensibly and secured their future financial security. Working for many years to save sufficient for a happy retirement. Unfortunately some are in for a shock when they get closer to retirement and find...

You always hope that whatever property you buy will be worth what you paid for it but what if the valuation you relied on was wrong? If a surveyor is negligent when producing a property report, what loss can be recovered? The general rule is that a...

Have you bought a property only to find out sometime later that you have not got what you thought you had? You would expect your solicitors to pick up everything about the property and advise you accordingly. Unfortunately, things do sometimes get missed and...

Every solicitor owes a duty of care to their clients to give professional and appropriate advice. Unfortunately, sometimes things can go wrong and the outcome of your claim may not be as you expected. This often the case in personal injury and/ or clinical...

Should lawyers should fear the implications of a case where an architect was found liable for free professional advice to friends? Perhaps not but they must still exercise caution. The Court of Appeal will give judgment in coming weeks over a £265,000...

Gone are the days when the first step in making a claim was to issue proceedings. “Just serve them with a Writ” was the mantra but now we are all encouraged to try and resolve matters before venturing through the Court’s doors. Indeed,...

Solicitors have hailed a Supreme Court decision in a professional negligence case as providing much needed clarity on their liability when they mistakenly give a client wrong information. In BPE Solicitors and Anor v Hughes-Holland (in substitution for...

We know that the British weather is an unpredictable thing. The same could be said for getting paid for the hard work you do. But what can you do to help to ensure you receive payment of your invoices? As soon as the sun is out, the work comes in. Do you...