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When is a Credit Agreement Unenforceable?

Is it possible to have a credit agreement declared void or unenforceable so as not to have to pay back any of the money loaned? Many of the challenges to loan and credit agreements rely on the lender not being able to produce the original agreement. Sections 77 and 78...

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...

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...

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...

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...
Vicarious Liability

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...

Litigant in Person’s Costs

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...

Matrimonial Claims and Inheritance

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 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...

Expats and Divorce

If you are living outside of England and Wales when your marriage breaks down, the question will arise as to whether you are able to divorce in the English courts. Much the same question will have to be asked if you are from another country where you were married but...

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...

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...

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....
Should you go for a DIY Divorce

Should you go for a DIY Divorce

DIY Divorce How practical is a DIY Divorce? Would money saved now by doing your own divorce cost you heavily later on? For most people the answer is that a Do It Yourself Divorce is quite possible especially if: • You and your spouse have agreed everything. This will...

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Moving away with the children

Moving away with the children

It can be devastating if your ex or former partner intends to move away and take your children with them. When a family breaks up the parent with whom the children live will sometimes wish to move away and relocate with the children miles away from the other parent....

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Separated but not divorced – types of separation

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...

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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....

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...

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...
Matrimonial Claims and Inheritance

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...

Tips when making a business agreement

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...

Matrimonial Claims and Inheritance

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...

Employment 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...

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....

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...

Statutory Redundancy Payments

What do you do if your employer closes down, you are made redundant, and your employer either can’t or won’t pay you the redundancy pay that you’re owed? In these circumstances you can apply to the National Insurance Fund to pay either the whole or part of the...

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?

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....

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Statutory Redundancy Payments

Statutory Redundancy Payments

What do you do if your employer closes down, you are made redundant, and your employer either can’t or won’t pay you the redundancy pay that you’re owed? In these circumstances you can apply to the National Insurance Fund to pay either the whole or part of the...

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Blowing the Whistle

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...

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Property Law

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...

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....

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...

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...

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...
Matrimonial Claims and Inheritance

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....

Assigning a contract

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...

Matrimonial Claims and Inheritance

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...

Inheritance Law

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...

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...

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...

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...

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...
Help for Those Who Cannot Help Themselves

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...

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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...

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Powers of Attorney

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...

read more