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Bankruptcy and Divorce

Bankruptcy,financial difficulties, divorce and the breakdown of a marriage often run together. It is very far from unknown for one of the spouses to be facing bankruptcy at the time of a divorce. So what would be the effect of a bankruptcy order on the financial...

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...

Threatening Creditors

In has long been an offence for a creditor to unduly pressurise someone who owes them money. It is a criminal act to harass a debtor or cause them distress and anxiety. This could be by sending threatening letters under the Malicious Communications Act 1988 or threats...

I have issued my Claim-What happens next?

Within 14 days of receiving (being ‘served’ with) particulars of your claim, the defendant must send to the court (called ‘filing’) either: an acknowledgment of service; or a defence. What you have to do depends on whether your claim was for: a fixed amount of money...

How Much Is Your Personal Injury Claim Worth?

Working out how much your personal injury accident claim is worth is a critical aspect of any personal injury claim. It can be the part of the personal injury claim which is the most difficult to determine. There is no mathematical formula to work out an accident...
Drafting a Statement of Claim

Drafting a Statement of Claim

Your Particulars (or Statement) 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 of Claim which are the same thing....

I have issued my Claim-What happens next?

I have issued my Claim-What happens next?

Within 14 days of receiving (being ‘served’ with) particulars of your claim, the defendant must send to the court (called ‘filing’) either: an acknowledgment of service; or a defence. What you have to do depends on whether your claim was for: a fixed amount of money...

I have issued my Claim-What happens next?

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...

Tips for an amicable divorce

Divorce may never be easy but it doesn't have to be stressful, expensive and time consuming. If you approach it in the right way it may not be a pleasant experience but it can certainly be made less painful. Here are some tips for an amicable divorce. 1. Don't seek...

Changing your name on divorce

Anybody over the age of 16 may change their name and call themselves more or less anything they like. There is no need to pay a lawyer or for any formality. Just insist that people call you by your chosen name. The only restriction is that any change of name must not...

Nullity of Marriage

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 maybe presented on,...

Severing a Joint Tenancy

There are only two ways in which people can own land together. Land can be held jointly either as beneficial joint tenants or as tenants in common. Neither have anything to do with tenancies as in renting property. They are just legal terms describing how land is...

The Family Pets on Divorce

Lawyers will tell you that when a relationship breaks down it is usually money and children which cause the arguments. That may well be the case, but emotional issues and heated exchanges can also revolve around who is to have the family pets. Battles over with which...
Prohibited Steps and Specific Issues Orders

Prohibited Steps and Specific Issues Orders

Prohibited Steps and Specific Issues Orders   A Prohibited Steps Order empowers a Court to place a specific prohibition upon the exercise of parent’s parental responsibility. The Order could be used, to prevent removal of the child from the country, removal of...

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Residence and with whom a child should live

Residence and with whom a child should live

Application for Residence and Shared Residence Order Residence Orders decide with whom a child is to live. Not where they are to live. If you and your child’s other parent has separated and you want your child to live with you, but cannot agree this with the other...

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Children’s contact with an absent parent

Children’s contact with an absent parent

A Contact Order is an Order of the Court directed at the person with whom a child lives requiring them to allow the child to visit, stay or have other contact with the person specified in the Order. It is defined in section 8(1) of the Children Act 1989 as;   ‘An...

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Business Law

Interest on business debts

If you are in business and are owed money by another business as a business debt you are entitled to interest on the debt and amount owed. The Late Payment of Commercial Debts Act 1998 (as amended by the Late Payment of Commercial Debts Regulations 2002) give you a...

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...

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...

How to prepare a witness statement

Witness statements 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 witness statement it...

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...
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...

I have issued my Claim-What happens next?

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...

I have issued my Claim-What happens next?

How to Avoid (or at Least Delay) Mortgage Repossession

If you are facing repossession, realistically assess whether you are able to keep your home. When you have missed some mortgage payments, or you think you will soon, it’s time to face what’s probably the tough question: can you afford to keep your house? Apart from...

Employment Law

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...

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...

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...

Money Received by Mistake

A person who receives money as the result of a mistake made by someone else is not entitled to keep the money. The position with money paid by mistake is much the same as if you find a £20 note in the street. The money received by mistake does not belong to you as it...

Employed or Self-Employed?

The legal rights of the employed and the self-employed are very different. It is only employees who can bring claims for unfair dismissal, claim redundancy payments and have the protection of the various Employment Acts. Self-employed people have none of these rights....
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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Health and Safety at Work

Health and Safety at Work

The law imposes a responsibility on an employer to ensure the health and safety at work for all their employees. Much of the law regarding safety in the work place can be found in the Health & Safety At Work Act 1974. Employers have to take reasonable steps to...

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Employment References – When Are Employers Liable?

Employment References – When Are Employers Liable?

An employee may need a reference from an old employer to help secure future employment or may require a reference for personal matters, such as to provide to a landlord or for a mortgage application. An employer is not obliged to provide you with a reference when you...

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Property Law

Property Law Covenants

Property covenants are promises that come with a property and by bind the present owner of the property . The most common types of covenants are restrictive covenants. A restrictive covenant is a promise attaching land which binds the owner for the time being and...

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...

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....

Obtaining Possession of Rented Property

A landlord wishing to recover possession of his property must follow the correct legal procedure. If he attempts to evict a tenant otherwise, he may be guilty of a criminal offence and could be ordered to pay substantial damages. Most private sector tenancies will be...

Abandoned Goods

What are you to do if someone has left their property with you or on your premises and do not remove it although you have asked them to do so? This is a problem often facing landlords when a tenant moves out leaving some of their possessions behind, although it can...
I have issued my Claim-What happens next?

Property Law Covenants

Property covenants are promises that come with a property and by bind the present owner of the property . The most common types of covenants are restrictive covenants. A restrictive covenant is a promise attaching land which binds the owner for the time being and...

Vicarious Liability

Vicarious Liability

Vicarious liability is where someone is held legally responsible for the acts or omissions of someone else. Therefore vicarious liability can make an employer strictly liable for the acts and failures of an employee if these took place in the course of their...

I have issued my Claim-What happens next?

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...

Inheritance Law

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...

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...

I’m dying and when I’m gone everything is yours

To pass on your estate when you die you must make a Will which must be properly executed. It has to be written, dated and signed in the presence of witnesses. The Law is quite clear in that. Sometimes however a person facing imminent death may not have made a Will or...

Inheritance Tax

Inheritance tax is payable when a person’s estate (their property and possessions) is worth more than £325,000 when they die. Inheritance Tax of 40% is payable on anything over this amount. The rate may be reduced to 36% if more than 10% of the estate is left to...

Matrimonial Claims and Inheritance

What happens with money or property which has been inherited by one of the parties when they divorce can give rise to uncertainty and very often bad feeling. Will it be matrimonial property falling into the part for division? The answer is that there are no clearly...
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...

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Unclaimed Assets

Unclaimed Assets

At a conservative estimate, there is around £15 billion of assets left in the estates of deceased people which remains unclaimed. There may be a number of reasons for this and why it has not been possible for money to be paid to those entitled under a Will. Amongst...

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