Articles by Phillips Lewis Smith.

 

Our Articles provide information and insight in to various legal issues that we have dealt with for clients recently, ranging from wills and trusts to property, litigation/mediation and shareholder issues. 

If you require further information in connection with the points discussed, please contact us.

 

Freehold vs Leasehold – what is the difference?

This is a question our conveyancing solicitors get asked on a daily basis. The blog post below breaks down the difference between the two forms of property ownership, the benefit of each form, as well as various other factors.


What is Conveyancing?

Buying or selling property can be tricky and extremely time consuming. Navigating the legal

field can be exhausting, and legal terminology can often prove confusing.

Mediation Of Commercial Disputes – How it works and tips for getting the right result

Mediation became a recognised method for resolving commercial disputes nearly 15 years ago.

Minority Shareholder Protection – What Redress Can The Minority Shareholder Obtain?

As explained in the article “Protection for Minority Shareholders – Courts prepared to Shift the Balance of Power”, where minority shareholders have suffered unfair prejudice due to the mis-management of the company, the Courts are now prepared to provide redress in a wide variety of circumstances and against a broad range of parties.

E U Succession Regulation: A Guide For Clients

Which country’s law will govern your estate when you die?

Heightened Legal Duties in Joint Venture Agreements – What They Mean For the Parties

A brief outline of the extensive legal duties that can be imposed on parties to Joint Ventures.

Joint ventures are of course a common feature of the commercial landscape, particularly in relation to large scale activities.

Protection for Minority Shareholders – Courts Prepared to Shift the Balance of Power

Under the typical Limited company constitution a minority shareholder has a very restricted ability to exert any influence over the Board of Directors. This is so even if the minority shareholding is very substantial such as 49.96%.

Bringing an inheritance claim against a deceased estate - Frequently asked Q’s

What happens if a relative or friend dies without making a valid will?

Property issues: problems with absent freeholders An absent freeholder can cause a number of problems for tenants in the building.

An absent freeholder can cause a number of problems for tenants in the building. The most common ones are

Quick and effective debt recovery – statutory demands

Although credit control has of course been a high priority for all businesses throughout the recession, many companies are still reluctant to get involved in pursuing court proceedings to recover debts. Court action is often seen as long-winded, costly and risky – it is not an attractive prospect and is often unfamiliar territory.

民事诉讼具体流程

很多华裔人士身在英国却对英国当地的法律或法庭程序知之甚少,所以当遭遇争

议或身陷各类法律纠纷时、在不了解自身权益以及英国法庭程序时,

英国购房具体流程:

1.楼盘与贷款: 确定楼盘并认可交易后,如需贷款,客户向银行或直接提供贷款资料,然后

把资料交予指定的律师。

Mediation – thoughts from an experienced mediator

Let me be clear – I am a big fan of mediation. Provided the parties truly are willing to try to settle the dispute. Unfortunately, in the last few years it has become more apparent that one party or the other has little or no intention to settle. Perhaps it is the threat of no costs or an adverse costs order if they refuse to mediate.

Online Dispute Resolution

With a considerable fanfare the Civil Justice Council has outlined its vision for the way in which civil claims for up to £25,000 should be dealt with in the future.

Claims against Professionals – Frequently Asked Questions

Making a claim against a professional adviser can be a complex process. In practice the best course is to instruct solicitors experienced in bringing this type of claim. This note answers several of the FAQs about making a claim against a professional.