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Civil Law
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...
Disclosure of Documents
Disclosure of Documents All parties in a case will be obliged to disclose all documents in their possession which relate and are relevant to the issues in dispute. This includes not only paper documents but also anything in electronic, video or audio form. It is an...
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...
Family Law
Dividing Property Yourself on Divorce
For most couples, splitting up your possessions is a big part of the process of getting divorced. The best way is for you and your spouse to sit down and decide together who gets what. If you can't do that a judge will have to...
Financial Settlements on Divorce
Financial Settlement Issuing a divorce petition will only result in having the marriage dissolved. The divorce action commenced with the filing of the divorce petition does not enable the court to decide financial matters which are separate and ancillary to the...
Prohibited Steps & Specific Issues Orders
Prohibited Steps and Specific Issues Orders A Prohibited Steps Order enables a Court to place a specific prohibition upon the exercise of parent’s parental responsibility. The Order could be used, to prevent removal of the child from the country, removal of the child...
Business Law
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...
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...
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Employment Law
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...
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...
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 rights....
Property Law
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...
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...
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
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...
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...
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...