Free Legal Information

The legal information you need.

Without Prejudice. What Does It Really Mean?

What is meant by ‘without prejudice’ when it is put on the top of a letter? Many people think they know that very well. They will say that without prejudice correspondence cannot be used or brought to the attention of the court should the matter go to trial. They...

Statutory Demands

Statutory demands can be very effective. Serving a statutory demand upon someone who owes you money together with the threat of bankruptcy will concentrate a debtors mind on resolving matters. Court proceedings are one only way of enforcing payment of money owed to...

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...

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...

Litigant in Person’s Costs

A litigant in person is entitled to their legal costs 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 preparing for and...
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...

Freezing Orders

Freezing Injunctions On the breakdown of a marriage or civil partnership, a freezing order can be made to prevent one party from disposing of assets before the financial issues have been resolved in order to reduce what the other party might receive as a settlement....

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...

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...

Dealing with your spouse or former partner

Divorce and family separation can sometimes bring out the worst in people. Some people consider that the situation in which they find themselves justifies deception and outright lies. You may need to rethink how you deal with the person you once loved (and may still...

Divorce and the Second Wife (or Husband)

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. What will be the...
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

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...

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...

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...

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...
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

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...

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...

TUPE and the Transfer of Undertakings

TUPE is shorthand for the Transfer of Undertakings (Protection of Employment) Regulations 2006. What this act does is protect employee’s rights when the business they work for is sold or transferred to a new owner. Employees of the business, when the firm changes...

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...

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...
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

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...

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...

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...

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...

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...
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

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...

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...

Appointing a Guardian

Parents with young children should always consider who will look after their children if they are unable to do so themselves and appoint a Guardian for their children to ensure that they are looked after by a suitable person in the event of their death or serious...

Lasting Powers of Attorney

A Lasting Power Of Attorney unlike a general power remains effective even if the donor loses his or her mental capacity. There are two types and separate LPAs can be granted by a donor to deal with each of his financial and his personal affairs. Unlike its...

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...
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