Legal Issues and Opinions affecting people from across the UK
If you have a benefit fraud problem or court summons, take expert legal advice early. Nevertheless it is never too late, as the success story in the link below will take you http://m.northamptonchron.co.uk/news/crime/mum-from-northamptonshire-who-falsely-claimed-90-000-worth-of-benefits-avoids-jail-1-6394937
Taking the seasonal strain This article in the FT 28 November 2014 www.ft.com is well worth a look. Zero hour contracts are a hot political potato, but within the firmament they are still established and legal way of proceeding to employ There is flexibility for both sides and they can cover seasonal peaks just like Christmas Overtime does not need to be paid at an enhanced rate. An alternative approach is a fixed-term contract where you can contract with staff for a set time. All workers, however, are entitled to statutory holiday pay although zero hours employees have fewer rights.…
Adjourn -a pause in court proceedings, or to put off the Hearing of a case to a later time or date. Admissible -describes what evidence, that is live verbal testimony and documents may be given or referred to in court proceedings. Affirmation – if you have no religious belief you wish to be asked before you give evidence to promise to tell the truth. Allegation –an assertion or statement that someone has done something that has not yet been proven, which must be, as part of the proceedings. Appeal -the process of asking a higher court to reconsider your…
Cohabitation This is where people are not married or civil partners. There is no such thing as ‘A common law wife’. Such a person does not exist in law. Sorry to smash another legal myth. Sometimes a former partner (cohabitee) may have a claim to a share of property (and also a claim can be made via a child). If the property is owned jointly then one can apply for a sale or other Court Orders e.g. buying the other person out. If the property is not in your name at all it is hard to…
Should you bring in an enquiry agent or private detective? Forget about proving adultery. (Getting a divorce on that ground is a mistake and the judge is not interested, even though it might make you feel better). You can, however, use an enquiry agent to investigate your spouse’s lifestyle, such hidden money or cash receipts The financial process starts with Form A, and the judge lays down a strict timetable ordering each party to give full disclosure and information to the other. This has to be full and truthful i.e. full disclosure holding nothing back. Supposing for example there was…
If you got divorced but did not get a financial settlement or court order dismissing your ex’s claims, an excellent article in the Financial Times 8th December 2014 page 4 is well worth a read (www.ft.com). 23 years after a divorce, impoverished couple separated, and following a most unlikely set of events, the husband became a millionaire following the success of a green energy business. When the couple got divorced there was nothing to argue about or divide up so nobody bothered to get a court order dismissing the wife’s claims. 22 years later the wife has made a claim…
If you have a problem with the Public Carriage Office in relation to the revocation of renewal of your license, a look at the following link should help http://www.legislation.gov.uk/ukpga/1998/34/contents Expert legal advice should be taken at an early stage. We would be interested in your comments, please leave them by clicking on the title to this blog above.
Judges expect you to try to settle the case before going to Court and can penalise you in a number of ways including costs (financially) if you do not. What you do is send a Letter Before Action, which is addressed to the potential Defendant. It tells him who you are the summary of the facts upon which you rely and what you want from him e.g. compensation. You should attach letters and documents upon which you rely such as an estimate for putting defective work right and give him 7 or often best 14 days to respond. After that…
An excellent article by District Judge Ayers in the Solicitors Journal 2 December 2014 (www.solicitorsjournal.com) will help with preparing bundles. Read what the judge says. It is not rocket science but pure common sense. Supposing that you were a judge and asked to read a set of documents before or at a hearing. Would you like it if the bundle sprang apart because it was too full? It would intensely irritate you, especially if it fell on the floor. Try to avoid staples, but if you must use them in the corner not elsewhere and not twice. Colour photographs need…
Legal aid is being phased out for many areas of law including family and civil This is well advanced according to a report from the National Audit Office and many litigants now have to manage without a solicitor on the record, and become a litigant in person. Help is at hand from fixed fee lawyers who are brought in as required for specific areas and tasks. This team approach is cost-effective and can even be fun.
