Your legal questions answered by Fahmida Ismail, Partner at Sydney Mtichell LLP. As featured in Worcester News, 27th January 2015.

Q. A friend has bought a lease on a shop which was in very poor condition and she has started to spend a substantial amount of money on refurbishing it. If the shop was compulsorily purchased as part of the town’s regeneration plans, is there any way she could recoup the money she has spent?

A. Your friend should check what plans there are for her area with the council’s planning department. If the shop was to be the subject of a compulsory purchase order she could expect compensation at a level which would restore her to a position where she was neither worse off nor better off than before.

 

Q. I told my employers that I intended to finish work. Then, four weeks before I was due to leave, I had an accident when one of the castors came off my office chair and I had to be taken to hospital. I was told to finish work with immediate effect. Although they are giving me notice pay I feel I may have a case for compensation but I don’t know how to pursue it. 

A. If you had already handed in your notice you won’t be able to claim compensation for dismissal as long as they are paying notice pay. However you should ask a solicitor specialising in personal injury cases to investigate whether you have a claim against the firm for negligence. This is likely to centre on whether your employers knew, or ought to have known, that the castor was loose.

 

Q. We are selling our house. We had a straightforward cash sale with no chain but it fell through because the bank, which had our deeds and lease in its deed safe, was unable to locate them. It would appear that the Land Registry too had lost these records. Eventually our buyer pulled out when he refused to accept an indemnity policy. We need advice about what to do next.

A. If the Land Registry has made a mistake there is a statutory scheme under which you can be compensated. However it’s possible that your property isn’t registered at the Land Registry yet. Check this with your solicitor. You may have to re-establish your ownership of the property if the deeds haven’t turned up. If you end up selling the property for less you should pursue the bank for compensation.

 

For further information on any of the issues raised, please contact Fahmida Ismail on 0121 698 2200 or fill in our online enquiry form.

Lexcel Practice Management Standard Birmingham Law Firm of the Year for 2011 Resolution Collaborative Family Lawyer The Law Society Accredited in Family Law UK Legal 500 2016 Conveyancing Quality Scheme