Where one party (it could be an individual or a business) does something which impacts adversely on another party and there is no contractual relationship between them, then there may be a remedy for the injured party in the law of Tort. The word derives from the French for “wrong” and it is, effectively, an area of the law that provides a remedy for a party when there is “nowhere else to go.” That is to say there is no contract (express or implied) and no fiduciary relationship to look at.
Common Tort claims are personal injury, medical negligence and so on. Such liabilities are often covered by insurance and many such claims are settled between insurance companies direct without the lawyers or the Courts ever needing to become involved. Sheltons no longer deals with personal injury claims or medical or clinical negligence claims.
One area of Tort law which we do deal with concerns the law of negligent mis-statement and/or mis-representation. This is where something is said to another party, before they enter into contracts (often for the purchase of an expensive item or service), which persuades them to proceed. If that representation is factually incorrect, then there might be a remedy in Tort.
Such claims often fall foul of “exclusion clauses” in the contracts which are subsequently entered into and, of course, as the representations complained of are often verbal, they are often difficult to prove.
In our recent experience, allegations of this sort are more often made by parties defending claims made against them, which claims arise out of the contracts which they now say they only entered into because of false statements made by the other party prior to contract. These claims can be expensive to substantiate and, again in our recent experience, are often used to bolster a weak defence and/or to seek to set up a negotiation.
Other torts include trespass to land, assault, fraud (deceit) and the related law of breach of statutory duty.
We, are of course, content and competent to advise both Claimants and Defendants regarding all such claims.
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Sheltons Solicitors is a trading name of Edward Hands & Lewis Limited, a company registered in England & Wales with company number 07001422 having its registered office at City Gate House, 11 St Margaret’s Street, Leicester, LE1 3EA. The directors are Jason Hathaway, Leanne Hathaway, Andrew Robinson, Paul Stubbs and Emma Fuller. We use the word “Partner” to refer to the most senior individuals at Edward Hands & Lewis Limited and its use in connection with the business of Edward Hands & Lewis Limited should not be construed as an indication that any individual carries on business in Partnership with any other individual within the meaning of the Partnership Act 1980, or that they are personally liable to you or any other party for any acts or omissions. Individuals named as Partners owe no personal obligations to you in either contract or tort, nor does the title “Partner” mean that they have any authority to bind the firm. We are authorised and regulated by the Solicitors Regulation Authority and our registered practice number is 533589. Our VAT No. is 114080418.