In family and employment work, small claims, housing and building disputes consumer claims, there is huge scope for unbundling. This means that the lawyer is not instructed privately, on the basis of a traditional full service retainer but just brought in as required. The client remains a litigant in person and seeks expert advice as required. That advice should include helping the client to keep those actual costs down. 1 What is the issue? Many of us are unlikely to be able to afford to instruct a lawyer privately on the basis of a traditional full service retainer. They may,…
Nobody ever likes to receive a letter or phone call from somebody claiming to represent HMRC, especially if the tone suggests that you have been cheating. You probably already know the feeling – your heart rate increases, your mouth goes dry, and perhaps your hand begins to tremble as you struggle with the conflicting emotions of shock and outrage. In fact, the emotion of the moment often causes people to react first and think later, which can backfire drastically. In fact, it is one of the worst things you can possibly do. “That’s not my concern!” What must be kept…
In theory, entry into the European Union should have provided increased opportunity for working professionals for free movement and trade in other EU Member States. The reality has proved to be different from expectations, however, as each Member State can legally impose a requirement on working professionals to be locally qualified for entry into their profession. Sectoral Professions not affected by local restrictions If you are a member of what are considered “sectorial professions”, then these restrictions will not apply to you. The sectoral professions are: Architects Dentists Doctors Midwives Nurses Pharmacists Veterinary surgeons Other professionals may need to fulfil…
Here is an example of a typical enquiry we get, with obviously all details removed to reserve strict confidentiality. I want divorce ,he does not give me money. I had the compensation 2011 I need more information than this. Please start telling your story from the start of your claim. Why did you start claiming? What does the relationship with the father of your children look like? Are you married? If you are why are you not divorced? Does he support you financially? When did you receive the compensation of £13,000 and why? Please explain your sisters money…
Many of us are familiar with “subject to contract” when buying a property, as a safeguard against being bound. For example if you make a written offer for a property “I will buy your house for £500,000, completion in 30 days” and the seller agrees in writing, you are both bound. If however you mark your letter or email “subject to contract” you cannot be bound, until the transaction is embodied in a formal legal contract signed by the parties. What is less well known is the importance and the wisdom of including “subject to contract” in commercial agreements, when…
“A person entrusted with a discretion must, so to speak, direct himself properly in law. He must call his own attention to the matters which he is bound to consider. He must exclude from his consideration matters which are irrelevant to what he has to consider”. And if he “does not obey those rules he may truly be said and often is said to be acting unreasonably”. The support for this proposition is Associated Provincial Picture Houses Limited v Wednesbury Corporation 1948 (1KB223) and see also R (Galaxy Land Limited v Durham County Council 2015 EWHC 16 (Admin). If you…
Here is an example of a typical enquiry we get, with obviously all details removed to reserve strict confidentiality. Further to our conversation yesterday. I have to say on first impressions I found your directness very refreshing. As I am looking for someone who can achieve what I want and justified in getting. I believe I have been fair and not dragged all the dirt into the open. But now! I need to fight back and thats were you come into the picture. Basically I have asked for an equal share of all our assets. However she has asked…
Here is an example of a typical enquiry we get, with obviously all details removed to reserve strict confidentiality. Just spoken to a friend and I am emailing you following her advice. I need some professional advice as I have been summoned to a tribunal next Friday at 2pm. this is in regards to a benefits overpayment appeal. I attended an interview under caution in 2007 with my local authority. This has led to many years of otter to and from myself and the DWP and council overpayment department. They are disputing payments made between 2001-2007, which does amount to…
Last month five Supreme Court judges handed down a decision so shocking that it could even be regarded as terrifying. Divorce is never easy, but most people would think that once the unhappy former couple have gone their separate ways, with the assets divided fairly between them, and they have begun rebuilding their lives, that the matter is finished. Not so, according to this new ruling! About the case The case in this scenario involves alternative energy pioneer, Dale Vince, and his ex-wife Kathleen Wyatt, who sued him for financial support 23 years after the couple divorced. As if that…
During a hearing you will find that a Judge often gives an indication of how he sees the outcome, even before all the evidence has been heard and documents read. This can be a body blow, as it creates the impression of bias, and it can be disheartening and distressing If this happens you should politely draw it to the attention of the Judge. Assure him that you do not think for a moment that he is biased, but that he has given that impression and justice must be not only done but seen to be done. You can ask…
