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Civil Law
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...
What You should expect from your Lawyer
A lawyer is a professional person from whom you are entitled to a quality service. You should be able to expect at the very least the following from him or her Competence. There will never be a guarantee that your lawyer will win your case or succeed in obtaining your...
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Family Law
Residence Orders for Children
The Family Court no longer make what used to be known as residence orders. Decisions as to with whom a child is to live will be made by way of an all embracing child arrangements order. This has the same purpose of 'settling the arrangements ... as to the person with...
Children’s contact with absent parent
The Family Court no longer make what used to be known as contact orders. Decisions as to time spent with a non-resident parent will be made by way of an all embracing child arrangements order. A Child Arrangements Order will be made directed at the person with whom a...
The wishes of the child
An application by a parent for a child arrangements or other Children Act order will very often involve a difficult balancing act by the court. It can be a delicately weighed exercise for the judge who must make the decision and this will be particularly the case when...
Business Law
Third-Party Dismissals
What happens if you are an employer and a third-party demands that you dismiss one of your employees? This situation may well arise if you are supplying workers under a service contract and are told by your customer that you will lose the contract unless you remove...
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...
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Employment Law
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...
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...
Constructive Dismissal
Constructive dismissal is defined in the Employment Rights Act 1996 as where: 'The employee terminates the contract under which he is employed (with or without notice), in circumstances in which he is entitled to terminate it without notice by reason of the employer’s...
Property Law
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....
Housing Repair Claims
If you are a 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 disrepair and...
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
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...
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...
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...