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Bailiffs

Bailiffs are no more than lay persons employed to collect debts. They have however additional powers given by a judge to remove and sell possessions to satisfy these debts. These powers are not as great as the bailiffs would have you suppose. Bailiffs are of varying...

The Consumer Credit Act

Legal rights are provided by the Consumer Credit Act for people who have entered into credit agreements for less than £25,000. The  Consumer Credit Act lays down strict rules about lending and borrowing money and in particular  provides: that all lenders of money are...

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,...

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...

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...
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...

Tips for an amicable divorce

Divorce will 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...

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....

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...

Separated but not divorced – types of separation

Separation When spouses are not living together they may consider themselves separated - but what does that mean in the eyes of the Law? How the Law and a court looks upon a separation when a couple separate but do not divorce can depend upon the type of separation...

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

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...

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 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...

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

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...

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...

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...

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...

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...
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...

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...

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...

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...
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

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...

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...

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...

Powers of Attorney

A power of attorney is simply a written confirmation of an agreed arrangement in which one person ('the donor') gives another person ('the attorney') authority to act on their behalf and in their name. The power of attorney confers upon the attorney an authority to do...

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...
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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