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Enforcing a Court Judgment

Ways to enforce a court judgment. Once a court judgement is given for a monetary amount, it must be paid in full within 14 days unless the court agrees payment by installments. If payment is not made enforcement action has to be taken by the party entitled to payment,...

Winning at court. Tips for success

The best advice for winning at court at a court hearing is not to have one. Litigation is always uncertain and anyone who tells you that you are certain of winning should not be trusted. There are however a number of things which will add to your chances of success...

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...

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...

Offer to Settle and Part 36

Either party may offer to settle a case at any time, up until when the judge makes his ruling. The CPR encourage offers of settlement to be made, and if offers are made in accordance with the rules there can be very significant costs savings for the party making the...
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...

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...

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...

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...

Hidden Assets and Divorce

Full disclosure of all matrimonial assets by both parties is a basic principle of divorce. It has to be known what is in the pot before it can be divided up fairly. Accordingly it is very far from unknown for a spouse to hide some of his or her assets and by not...

Divorce and the Second Wife (or Husband)

Life after divorce? So is there life after divorce? The answer is yes, but for many this can be affected by on-going financial obligations from an earlier marriage. Statistics show that remarriage is usual and that thoughts of 'once bitten, twice shy' do not last....
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

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...

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...

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...

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...

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...
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

Professional Negligence

'Every person who enters into a learned profession undertakes to bring to the exercise of it a reasonable degree of care and skill. He does not undertake, if he is an attorney, that at all events you shall win your case, nor does a surgeon undertake that he will...

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...

Blowing the Whistle

If you believe there is malpractice or wrongdoing in your workplace, then you can ‘blow the whistle’ on the behaviour and be protected from losing your job and/or being victimised by your employer. The Public Interest Disclosure Act 1998 legislates that if you believe...

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...

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...
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

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...

Tenancy Deposit Protection Scheme

Landlords or their agents who take a deposit from a tenant must have that deposit protected under one of two schemes: A custodial scheme - this is where the deposit is held in an approved scheme during the deposit, and will continue to be held if any legal dispute...

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...

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....

Housing Repair Claims

If you are a tenant whose landlord has failed or is refusing to carry out necessary repairs to your home having been informed of the problem your first step should be complaining to your local council. They have a statutory duty to investigate cases of disrepair and...
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

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...

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...

What is probate?

When a person dies somebody has to deal with their estate (the money, property and possessions left) by collecting in all the money, paying any debts and distributing the estate to those people entitled to it. The term 'probate' means the issuing of a legal document...

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...

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...
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...

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