Docklands Solicitor

Latest legal news from Docklands Solicitors, Kaslers Solicitors LLP.

Thursday, 30 October 2008


Shareholders - compulsory arbitration?

The increased availability of after-the-event insurance and the changes of Companies Act 2006 are likely to increase the amount of litigation brought by shareholders against companies and their management/directors.

Companies might like to consider amending Articles of Association to require that all shareholder disputes to go to compulsory arbitration. This might avoid costly and embarrassing litigation.


Monday, 27 October 2008


Difficult credit record?

If you have had a County Court Judgment (“CCJ”) entered against you without your knowledge and you have a “runnable” defence, apply as soon as possible to get the judgement set aside

If you have had a CCJ entered against you but you do not have a “runnable” defence, pay the judgment as soon as possible to avoid getting it listed as an unpaid judgement

Talk to Experian and Equifax to see if you can get the CCJ removed from your credit record

Even where you have a CCJ on your credit record , this does not necessarily mean that you cannot get finance - it all depends on the amount, how long ago and the circumstances generally

A mortgage broker friend of mine (I can put you in touch) tells me that these are the guidelines issued by one financial institution recently be aware that they are changing all the time

No doubt, there are other lenders out there who will lend in more difficult circumstances, but at a price


The Lender may ignore Credit reference agency data in the following circumstances

Where there is a maximum of 1 satisfied CCJ/default for up to £250 in the last 3 years and / or
3 outstanding defaults of less than £50 each in the last 3 years

Any CCJ/Default regardless of the amount that was satisfied more than 3years ago will be ignored.

Arrears 1 month in the last 12 months and/or 3 months in the last 3 years. The Lender requires evidence that the default has been satisfied.


Cases where there is evidence that any applicant has been made bankrupt or has been the subject of an IVA are outside of the lenders Standard Policy, however in certain circumstance they will assess them on their individual merits subject to the below

Discharge must have been more than 4 years ago

Discharge must have been earned through repayment

Evidence of discharge must be provided

Any previous or current mortgage or loan must have been serviced satisfactorily

No element of criminal bankruptcy

An agreement in principle must be obtained prior to the applicant being submitted. Further information may be requested

Arrears greater than 1 month in the last 12 months and/or 3 months arrears in the last 3 years are not acceptable.


Where a mortgage property has previously been repossessed the case will be declined.

The Lender will judge customers with previous or existing adverse credit in a flexible manner and every case will be judged on its individual merits, along with the customer's ability to keep up repayments on the mortgage, taking into account his/her existing liabilities.

The Lender will consider cases of financial difficulty and mortgage arrears sympathetically.

The Lender follows the general principles of the Council of Mortgage Lenders' Statement of Practice on Handling Arrears and Possessions, including:

With your co-operation, developing a plan with you for dealing with your financial difficulties and clearing the arrears, consistent with both your interests and the Lender.

Possession of your property will be sought only as a last resort when attempts to reach alternative arrangements with you have been unsuccessful.


Thursday, 23 October 2008


Employment Law and the Credit Crunch

More and more employers are knee jerking into firing employees without observing proper procedures.

In more and more cases in the Employment Tribunal, there is an element of discrimination alleged, be it sex, race, religion, age, disability etc.

The burden of proof is on the employer to show why he made the decision to sack that particular individual.

Often, there is no documentation and find it hard to prove the thought processes in thus making it very difficult for the employer to succeed.

Call Michael Breeze on 07900 195 195 if you, an employer, are having to make changes or if you, an employee, feel that you have been unfairly treated.


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Call Michael Breeze on 07900 195 195 or call 0845 270 2511 to if you need legal advise about any of these issues

Kaslers Solicitors LLP is a limited liability partnership registered in England under LLP no. OC310653; authorised and regulated by the Solicitors Regulation Authority under reg no 408936; governed by professional rules set out in the Code of Conduct click here to visit and has its registered office / main trading address at Suite 3, 10 Churchill Square, Kings Hill, West Malling, Kent ME19 4YU - tel: +44 (0)845 270 2511; fax: +44 (0)845 270 2513; DX 92863 West Malling.
The LLP Members are Michael D Breeze LL.B (Hons) (SRA reg no 110184) and Simon McCree Scott LL.B (Hons) (SRA reg no 298202).