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Civil Law
Offers to Settle
Court rules allow a party to litigation to make an offer to settle the claim at any stage of the proceedings. Indeed you will be encouraged throughout to make an offer to settle the claim and agree an out of court settlement. There is no need to pay the money offered...
Enforcing a Court Judgment
Ways to enforce a court judgment. Once a court judgement is given for a monetary amount, it must be paid in full within 14 days unless the court agrees payment by installments. If payment is not made enforcement action has to be taken by the party entitled to payment,...
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Family Law
Special Guardians
Special guardianship is a legal option intended to provide permanence for children for whom adoption is not appropriate. It was introduced in the Adoption and Children Act 2002. A special guardianship order (SGO) gives the special guardian parental responsibility for...
Children and Grandparents
The courts have long accepted that grandparents have an important role to play in the upbringing of children. Perhaps unfortunately however the Children Act 1989 does not give any particular contact rights or recognition to grandparents. The Act places every emphasis...
Child Alienation
Bad feeling between former spouses and partners will often follow the breakdown of a relationship. Blame rather than a willingness to remember the good times and forget the bad result in implacable hostility and behaviour which affect the parties children. Very often...
Business 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...
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...
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Employment Law
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...
Property Law
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...
Litigant in Person Costs
A litigant in person is entitled to their legal costs under CPR 46.5 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...
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Inheritance 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...
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...
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...