Home Information Packs

As from the 6th April a property will not be able to be marketed unless the Home Information Pack contains :

1. Index
2. Sale Statement
3. EPC
4. Property Information Questionnaire
5. Office Copies and Title Plan
6. The Searches (Local and Drainage)
7. If Leasehold, a copy of the Lease

The Property Information Questionnaire is a new document for inclusion in the HIP and will be completed by the Seller and contain basic information about the property that is likely to be of assistance to potential buyers.

It is advisable to have a full, official Local Authority Search included in the HIP. Personal searches with insurance cover for unanswered information will not be valid from 6 th April 2009.

There are many companies who offer HIPs, but it is advisable to use a firm of Solicitors for the compilation of the HIP as we can provide you with legal advice regarding the completion of the documentation, including the Property Information Questionnaire.

A HIP is valid until the property is sold. There is no obligation to update any documents in the HIP whilst the property remains on the market.

If the property is sold, but the sale falls through the HIP is still valid provided the property is remarketed within 28 days of the sale falling through. If the property is NOT remarketed within 28 days a new HIP will be required.

If you do not market the property for sale and sell your property to a friend or a relative then a HIP is not required, but you must obtain an Energy Performance Certificate.

When you decide that you want to sell your property contact Woolsey Morris & Kennedy and we will be pleased to provide you with a quotation for the preparation and supply of your HIP and we can also act for you in the subsequent sale and any associated purchase at competitive rates.

Contact Ian Motton on 020 8300 9321 or imotton@wmk-law.com alternatively Contact Us

Rugby punch injury

In the recent case of Gravil v Carroll and Redruth Rugby Football Club the Court of Appeal found the rugby club to be vicariously liable for a serious assault on the claimant.

Vicarious liability is the principle by which one person can be held liable for the conduct of another. The person held vicariously liable may be completely blameless but there must usually be some sense in which he has authorised the acts of the party who is at fault.

In relation to employment it is the general rule that it is the fact of employment that gives rise to the vicarious liability, not the actions of the employer who may be completely blameless.

In the case of Gravil v Carroll and Redruth Rugby Football Club the assault followed a semi-professional game of National League Division 2 Rugby Union when the first defendant, Carroll, punched the Claimant, Gravil, in the eye causing a blow out fracture requiring reconstructive surgery. The assault occurred at the end of the game after the whistle had been blown.

The Court of appeal held Carroll had been acting in the course of his employment when he punched Gravil. Not only was there a close connection between the punch and Carroll's employment but the punch amounted to a failure to perform his duty. There were provisions in his contract to deter foul play. This was a point in favour of vicarious liability and it was found fair and just to hold the club liable for the punch.

If you have suffered an injury caused by a professional or semi-professional sportsman or sportswoman please contact Isabel Elliott for advice on a personal injury claim.

Contact Isabel on 020 8300 9321 or ielliott@wmk-law.com alternatively Contact Us