Free Legal Information

The legal information you need.

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...

Offers to Settle

Court rules allow a party to litigation to make an offer to settle the claim at any stage of the proceedings. Indeed you will be encouraged throughout to make an offer to settle the claim and agree an out of court settlement. There is no need to pay the money offered...

Bailiff powers – what are bailiffs allowed to do

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 leave doors and...

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...

Payment of Judgement Debts

When a case is lost, and you are ordered to pay a  judgment together most probably with legal costs, the usual order will usually be for payment within 14 days. But what if you do not have the money to pay the judgment debt and cannot pay? This will very often be the...
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....

Housing Repair Claims

Housing Repair Claims

If you are a private 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...

Delay in Inheritance Act Applications

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...

Co-respondent to a divorce petition?

Co-Respondent 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...

Defending a Divorce

Defended Divorce It is possible to defend a divorce petition but only just. You may wish to do so because you genuinely believe that the marriage has not broken down beyond repair and can be saved, or entering a defence may be a tactical move connected with financial...

Occupation Orders Where There Is No Violence

Occupation Orders You are divorcing, still living under the same roof and the situation is impossible. Things seem to be taking forever and you just can’t go on like this. The atmosphere in the house is terrible and the children are beginning to suffer. You need space...

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. Notwithstanding this it is very far from unknown for a spouse to hide some of his or her assets and by not...
Co-respondent to a divorce petition?

Co-respondent to a divorce petition?

Co-Respondent 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...

read more
Divorce mistakes

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....

read more
Dealing with CAFCASS

Dealing with CAFCASS

CAFCASS reports A judge who has asked CAFCASS to prepare a report advising the court on what is in a child’s best interest is going to be heavily influenced by the report which the CAFCASS officer prepares. They are not bound to follow a CAFCASS recommendation but...

read more

Business Law

Misrepresentation and the Misrepresentation Act 1967

A misrepresentation is an untrue statement of fact made by one party to the other, which induces and misleads that party to enter into a contract. Misrepresentation must be of fact, not of opinion or intention. Silence in itself can be regarded as a misrepresentation....

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...

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...

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...

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...

Interest on business debts

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...

Delay in Inheritance Act Applications

How to Avoid (or at Least Delay) 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

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...

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...

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...

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...

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...
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...

read more
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...

read more
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...

read more

Property Law

Housing Repair Claims

If you are a private 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...

How to Avoid (or at Least Delay) 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...

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...

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...

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...
Delay in Inheritance Act Applications

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...

Acceptance of contracts

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...

Delay in Inheritance Act Applications

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...

Joint and Mutual Wills. Pros and Cons.

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 Mirror wills are where the parties...

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...

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...

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...
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
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...

read more
Loss of a Partner. Who Can Claim?

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...

read more