An excellent article in the financial times 17 January 2015 www.ft.com highlights the issue of a company receiving negative feedback on a reviewer’s website. A customer can made a complaint as is anybody’s right, but where the compliant is defamatory the victim company can hit back. Consider whether you should contact the former customer direct to see if the relationship can be repaired. You can respond publicly on the website to try to counter the negative comments, or request that the website removes the comments after considering its user rules and guidelines. There is another remedy which has court action…
Have a look at an excellent article in the Independent (www.independent.co.uk) on 6 November called “Spies Eavesdrop On Lawyer Client Communications”. M15, M16 and GCHQ routinely listen in to conversations between lawyers and clients whether at a meeting, on the telephone or on a prison visit. This strikes at the heart of one of the fundamental legal rights of defendants to communicate in complete confidence with a lawyer. Unless an accused can have that right he cannot mount a proper defence nor is he likely to say anything much at all, resulting in more not guilty pleas the clogging…
An important factor in divorce break up is wealth acquired before the marriage and wealth and savings earned since. Judges certainly take prenuptials into account. That is the law, but in all cases the needs of the children will come first. Have a look at the Government statistics by clicking here: http://www.statistics.gov.uk/hub/index.html The Leading German heiress case was Radmacher CA 13 July 2009 http://www.familylawweek.co.uk/site.aspx?i=ed36874 Brief Facts The parties were both foreign nationals, the wife German and the husband French, who had signed a pre-nuptial agreement valid under German law but then divorced in the UK.…
The Respondent to a divorce is often upset and even traumatized by allegations of behaviour levelled against him or her. The good news is the judge is not interested. Nobody defends divorces, not even pop stars or footballers. It is just throwing money away. The correct approach is to waive the Petition through undefended, but protect the Respondent with a legal letter so that the allegations are not accepted or used against the Respondent over issues of children or money. The exceptions to this are conduct alleged which can have an impact on money or children issues which fall into…
If the respondent (usually the mother) does not attend the judge can carry on anyway. When you read the Law Book and Guidance it says “the Court” can carry on which is typical pompous nonsense. It means ‘the judge’ and wording like that is just designed to put you ill at ease. I wonder why they do it. Remember that as a taxpayer and citizen you own the Court, so, subject to courtesy to everybody as in ordinary life, behave as if you own it, because you do. Do not be intimidated. Parental responsibility is defined as “That bundle of…
This is summary of the divorce procedure and how a claim for money is handled. After the Petition is filed and served, the Court issues a Decree Nisi typically after about two months. The only financial matter that can be dealt with before then is for interim maintenance, that is month-by-month payment while the whole thing is sorted out. Either spouse files a Form A which starts the process. The Court then lays down a timetable to sign a written statement called a Form E, prepare a chronology, statement of issues between the parties and so on. Completing…
Evidence from Facebook and social media site is admissible in Court in divorce and family cases. Evidence of infidelity and new relationships, people’s movements and expenditure (cars, holidays, gambling) is there for all to see and is readily accepted by certainly Judges in London, if not countrywide. People often do not realise the extent to which detailed examination of these sites, can put together a picture of what otherwise would remain private. LinkedIn might talk about a new job offer, a bonus. Twitter might cover plans for a holiday. Facebook might show photographs which could be traced to lavish…
Judge can rule on matters such as parental responsibility (the legal rights to be the parent and have responsibility), child arrangements, residence, contact (used to be custody, access), specific issues such as living abroad or being circumcised, or prohibitive steps such as not removing a child from school, or in relation to medical treatment. There can be orders on change of name and finances. The remedies are flexible and modern, although the Courts are swamped with cases. Judges often throw up their hands in despair at the court “back office” being such a shamble. It is hard to get through…
Where a couple who live together but not married break up the court can help. The law is in the Trusts of Land and Trustees Act 1996 referred to as “TOLATA”. Unlike married couples and divorce where there is one act Matrimonial Causes Act and section 25 which is fairly easy to understand. Where you live together the law is complex and there are all sorts of aspects like resulting trust. The litigant in person therefore really should take expert legal advice at an early stage. Mediation is worth a look though it is not for everybody. Details and…
Divorce – Fast or Slow? If your ex is hiding assets you may want to file a petition to seek an injunction. The divorce petition is the peg to hang your hat on. Within the divorce petition, the Judge has wide powers to help you with associated matters such as freezing your ex’s assets. You may be desperate for income in which case you need to ask the Court for interim maintenance (that is temporary maintenance while the divorce is going through) and for that the petition has to be issued. You want to remarry and get on with the…
