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The legal information you need.

Proving fault in personal injury claims

Determining legal responsibility for an accident or injury (referred to as "liability") will usually depend on whether someone was careless or "negligent." It's easy enough to say that the person or business that caused an accident must pay for your injuries. But...

Cooling Off and the Distance Selling Regulations

Buying from an online business If you buy something from a business online as a consumer, you will have the same Consumer Rights Act protection as if you had walked into a shop. You will however also have additional rights and a cooling off period under the Distance...

Assigning a contract

A contract is assigned when one of the parties transfers their rights and obligations under the contract to another. For the assignment of a contract to be effective however the other party to the contract must be informed and agree. Contracts are usually assigned in...

Litigant in Person Costs

A litigant in person is entitled to their legal costs under CPR 46.5 as a litigant in person much as as a litigant represented by a solicitor or barrister is entitled to the costs of representation. Costs can be claimed by a litigant in person for work carried out...

Bailiff powers – what are bailiffs allowed to do

Type of bailiffs The powers of bailiffs and what they are allowed to do by law depends upon the type of bailiff. There are however some general rules which apply to all bailiffs. You must receive notice of their intention to call at least 7 days beforehand. So do not...
Drafting a Statement of Claim

Drafting a Statement of Claim

Drafting a Statement of Claim  Your Statement of Claim or Particulars of Claim is the document which sets out what you are claiming and gives details of why you say you are entitled to a judgment from the court. It is sometimes called the Statement of Claim or Points...

Enforcement of Judgment

Enforcement of Judgment

If you have obtained your court judgment and it has not been paid as ordered by the court it will be down to you to enforce payment. There are a number of ways in which the Court can enforce judgment, but you have to take the initiative. Enforcement of judgment does...

Enforcement of Judgment

Delay in Inheritance Act Applications

The Inheritance Act (or the Inheritance (Provision for Family and Dependents) Act 1975, to give it its full title) was passed to help spouses, children, civil partners, cohabitees and other surviving dependents who have been left to cope without sufficient money to...

The Family Business on Divorce

A family business is a family asset, and as such will fall into the 'pot' for division on divorce. At one time the courts were reluctant to order a sale of a business. If the business produced  income needed by the parties, they would try to leave it intact in the...

Co-respondent to a divorce petition?

If you have been named as a co-respondent in a divorce petition brought by someone's spouse you will need to decide what to do. Obviously you are being partly blamed for the breakdown of a marriage. They are angry and some of that anger is being directed towards you....

Family Mediation

Family mediation is a way of assisting separating or divorcing couples to resolve disputes and reach agreed decisions with a mediator in a series of mediation sessions on issues arising from the breakdown of a relationship. These could relate to children, financial...

Nullity of Marriage

Nullity Petitions Nullity is the historic remedy for a bad marriage, much favoured by Henry VIII. It is a claim that the marriage should be annulled, declared a nullity and not to have happened, as it has not met the legal criteria for a marriage. A nullity petition...

Divorce mistakes

Things can go wrong with a divorce through mistakes even where it seems there is agreement that the marriage is over and there is no dispute over who gets what. There are a number of mistakes which are commonly made which can lead to problems.  We signpost them here....
Separation agreements

Separation agreements

The purpose of a separation agreement The purpose of a separation agreement is to make absolutely clear what was agreed by spouses when they decided to live apart. This prevents future disputes and arguments. The terms agreed in a separation agreement will always be...

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What You should expect from your Lawyer

What You should expect from your Lawyer

A lawyer is a professional person from whom you are entitled to a quality service. You should be able to expect at the very least the following from him or her Competence. There will never be a guarantee that your lawyer will win your case or succeed in obtaining your...

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Consent Orders

Consent Orders

Consent Order A consent order (purchase here) is an order of the court in terms which the parties have agreed and asked the court to give legal affect. It can be applied for on divorce or dissolution of a civil partnership when financial issues are agreed between the...

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Business Law

Business Disputes

Business Disputes Disputes with suppliers, customers, competitors and with partners or shareholders are an unfortunate part of business life. They are potentially expensive and time consuming and can grow out of all proportion if not managed properly. Above all they...

Is time of the essence?

When you enter into an agreement with someone to do some work for you the time to complete that work will not be 'of the essence' unless this is specified. The work must just be carried out within a reasonable time and what is a reasonable time can be open to...

Acceptance of contracts

For a contract to be legally binding there must be clear acceptance of the contract and an intention to be legally bound. The three elements of a valid contract-offer, acceptance and consideration -must be present. Unless it is shown that there was an acceptance of an...

How to prepare a witness statement

Witness statement A witness statement contain the evidence in support of your case. As such your witness statement is critical and winning or losing might well turn on how witness statements are prepared. If something you wish to put before the court is not in a...

Tips when making a business agreement

When you are in business you need to know how to make a business agreement. You will be entering into business contracts and buying and selling goods and services. Well drafted business contracts prevent disputes and misunderstandings and are essential if your...
Does an employment contract have to be in writing?

Does an employment contract have to be in writing?

An employment contract is no different from any other contract in that most do not have to be in writing to be legally valid and enforceable. If you are offered employment, accept and then start work a valid contract has been created between you and your employer even...

Enforcement of Judgment

Business Disputes

Business Disputes Disputes with suppliers, customers, competitors and with partners or shareholders are an unfortunate part of business life. They are potentially expensive and time consuming and can grow out of all proportion if not managed properly. Above all they...

Enforcement of Judgment

Freehold or Leasehold

Freehold and leasehold are two different types of property ownership in the UK. Anyone considering buying a property here will need to know the meanings of both terms, as there are considerably different obligations and privileges bestowed upon the owner in each....

Employment Law

Statutory Redundancy Payments

What do you do if your employer closes down, you are made redundant, and your employer either can’t or won’t pay you the redundancy pay that you’re owed? In these circumstances you can apply to the National Insurance Fund to pay either the whole or part of the...

Third-Party Dismissals

What happens if you are an employer and a third-party demands that you dismiss one of your employees? This situation may well arise if you are supplying workers under a service contract and are told by your customer that you will lose the contract unless you remove...

I have issued my Claim-What next?

Once you have issued your claim, within 14 days of receiving (being ‘served’ with) your particulars of claim, the defendant must send to the court (called ‘filing’) either: If you issued your claim through money claim on line you will be able to access there. an...

Constructive Dismissal

Constructive dismissal is defined in the Employment Rights Act 1996 as where: 'The employee terminates the contract under which he is employed (with or without notice), in circumstances in which he is entitled to terminate it without notice by reason of the employer’s...

Lies, White Lies and Your CV

In a competitive jobs market, people tend to think ‘does a little white lie in my CV matter if it helps me get the job?’. The answer to this is that it very well could, and the consequences could very well be serious. Your CV may well be a critical document when the...
Third-Party Dismissals

Third-Party Dismissals

What happens if you are an employer and a third-party demands that you dismiss one of your employees? This situation may well arise if you are supplying workers under a service contract and are told by your customer that you will lose the contract unless you remove...

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Stress at Work

Stress at Work

Work can be stressful, but sometimes it is unduly so. Where a workload and demands placed by an employer on an employee are excessive, there is a duty upon that employer to take action to remedy the situation. If they do not do so, the employee may be entitled to...

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Lies, White Lies and Your CV

Lies, White Lies and Your CV

In a competitive jobs market, people tend to think ‘does a little white lie in my CV matter if it helps me get the job?’. The answer to this is that it very well could, and the consequences could very well be serious. Your CV may well be a critical document when the...

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Property Law

Private Landlords

A private landlord is any person (including a company) who rents out residential dwellings. A landlord who shares his living accommodation with a lodger is not classified as a private landlord. Repairs to rented residential property The question of who is responsible...

Property Law Covenants

Property covenants are promises that come with a property, are attached to it, and bind the present owner of the property . The most common types of covenants are restrictive covenants. A restrictive covenant is a promise attached to the land which binds the owner for...

Rights of Ways and Easements

An easement is a right to use another person’s property for a stated purpose. A type of easement can be a right of way that someone has over another person’s property. There are 4 main types of easements that are recognised rights: Rights of way Easements of support...

Freehold or Leasehold

Freehold and leasehold are two different types of property ownership in the UK. Anyone considering buying a property here will need to know the meanings of both terms, as there are considerably different obligations and privileges bestowed upon the owner in each....

Public Landlords and Council Tenants

A public landlord will include local authorities, district councils and most housing associations. A council tenant will be a person who takes a tenancy from any of these. There are two main types of council tenancy: secure and introductory. Where a tenancy agreement...
Enforcement of Judgment

Rights of Ways and Easements

An easement is a right to use another person’s property for a stated purpose. A type of easement can be a right of way that someone has over another person’s property. There are 4 main types of easements that are recognised rights: Rights of way Easements of support...

Enforcement of Judgment

I have issued my Claim-What next?

Once you have issued your claim, within 14 days of receiving (being ‘served’ with) your particulars of claim, the defendant must send to the court (called ‘filing’) either: If you issued your claim through money claim on line you will be able to access there. an...

Enforcement of Judgment

Freehold or Leasehold

Freehold and leasehold are two different types of property ownership in the UK. Anyone considering buying a property here will need to know the meanings of both terms, as there are considerably different obligations and privileges bestowed upon the owner in each....

Inheritance Law

Intestacy. Who inherits when there is no will

If you die without making a will, your estate will pass and  be administered according to the intestacy rules, which decide who gets what rather than you. These rules are set out in the Administration of Estates Act 1925, which was amended by the Inheritance and...

Joint and Mutual Wills. Pros and Cons.

What is a joint Will   A joint Will is a single Will made by two people which deals with the estates of both of them. Usually it will leave everything to the other on the first death and then to agreed beneficiaries on the death of the survivor.   Mutual or...

Loss of a Partner. Who Can Claim?

Nasty shocks can be in store for cohabitees when one of the partners dies without making a will. The late partner’s estate will not automatically pass to them in the absence of a will made in favour of the survivor. The rules of intestacy will be applied, which will...

When to Change Your Will

It's time to write a new will if you're experiencing a big change in your life, such as moving, getting married or divorced, moving in with a new partner, or bringing a new baby into the family. Your will should be tailored to your current family and financial...

Help for Those Who Cannot Help Themselves

What would happen if you became unable to understand and deal with your business and financial affairs through ill-health or incapacity? How would you know that someone could be appointed to step in and manage your affairs for you? Who is there to protect and promote...
Joint and Mutual Wills. Pros and Cons.

Joint and Mutual Wills. Pros and Cons.

What is a joint Will   A joint Will is a single Will made by two people which deals with the estates of both of them. Usually it will leave everything to the other on the first death and then to agreed beneficiaries on the death of the survivor.   Mutual or...

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Who Can Decide Where You End Up?

Who Can Decide Where You End Up?

Most people when making their will include a statement of their wishes as to what they would like to be done with their 'mortal remains'. They might say that they wish to be buried, cremated, or even sometimes buried at sea or to have their ashes scattered at a...

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When to Change Your Will

When to Change Your Will

It's time to write a new will if you're experiencing a big change in your life, such as moving, getting married or divorced, moving in with a new partner, or bringing a new baby into the family. Your will should be tailored to your current family and financial...

read more