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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...

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...

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...

Cooling Off and the Distance Selling Regulations

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 Selling Regulations (DSR). These...

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...
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...

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...

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...

Restraining Orders. The Facts.

Restraining orders are injunction orders made by a criminal court-usually a magistrate court-to protect the victim of criminal behavior by forbidding the perpetrator from continuing their course of action. A restraining order can be for any length of time or even run...

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....

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...

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...

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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....

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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...

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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...

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...

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...

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...

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....
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...

How to Avoid (or at Least Delay) Repossession

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

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...

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...

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...

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...

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

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

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?

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

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...

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...

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 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...
Property Law Covenants

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...

Public Landlords and Council Tenants

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

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...

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...

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...

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...

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

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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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...

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