An excellent article by Simon Allen in the Law Society Gazette 15 September 2014 (lawgazette.co.uk) is well worth a look and it summarises clearly the test to be applied when applying for disclosure of documents or other evidence before starting a claim. One of the key tests is whether disclosure before proceedings is desirable. It is certainly a very powerful tool because depending on the disclosure, one can decide whether or not to actually start a claim at all. The Court of Appeal again emphasise the importance of the Overriding Objective, and the obligation upon parties to co-operate with cost…
With a carefully constructed letter, it is often possible to avoid points when caught for speeding by offering to attend a Speed Awareness Course. This can sometimes be achieved, even though the police do not offer the course. On receipt of the reply to the notice to the registered keeper (this of course must be filled in truthfully and returned), the next step is the summons to the driver. This can be pre-empted by a good legal letter, which will increase the chance of being offered the course, to avoid points. Have a look at the hylton-potts website for more…
An excellent article by Simon Allen in the Law Society Gazette 15 September 2014 (lawgazette.co.uk) is well worth a look and it summarises clearly the test to be applied when applying for disclosure of documents or other evidence before starting a claim. One of the key tests is whether disclosure before proceedings is desirable. It is certainly a very powerful tool because depending on the disclosure, one can decide whether or not to actually start a claim at all. The Court of Appeal again emphasise the importance of the Overriding Objective, and the obligation upon parties to co-operate with cost…
As Jenni Russell points out in the 13 August “Times” (thetimes.co.uk) in 2010, 60 % of those who died in England and Wales had not written a Will. Writing a Will is incredibly boring but incredibly important. Having minimised tax in one’s lifetime, to let HMRC take up to 40% without a bit of a struggle seems odd. Avoid the Will making companies online, but equally there is no need to go to a solicitor to pay fancy prices. Try a legal consultant company like ours, who charge very competitive fixed fees but also explain everything, and the whole thing…
Before filing any application under the Children Act the applicant has to attend a Mediation Information and Assessment Meeting (MIAM) which is usually a complete waste of time and extends the stressful divorce battle period by some weeks. There are some exceptions to this, for example, where there is urgency or domestic violence that means when some women allege violence where there is none. Indeed some unscrupulous solicitors have been known to push them towards that position. “It would help your case if your husband had been violent to you even just a slap. Has he?” leading the wife into…
By specialist legal consultant and McKenzie friend Rodney Hylton-Potts. Being a litigant in person is nothing to be afraid of. These should, be useful tips. 1. Just as solicitors you have to comply with the Court rules. One is to prepare trial bundles for yourself, the other side and the Judge. Buy four lever arch files on Amazon or W.H. Smith set up a bundle cover as follows. Case Number: IN THE ?? COUNTY COURT BETWEEN Claimant -and- Defendant ___________________________________ Trial Bundle ___________________________________ Printed on A4 paper and also half an A4 (justify right) to go on the spine of…
Frances Gibb, the respected legal editor of The Times focuses on the fact that sex discrimination claims are exploding. This is because the damages have no upper limit. Compensation for unfair dismissal is limited to £76,574 or one year’s pay whichever is less, and the fees introduced to pay the Employment Tribunal (Court fee) of £250 to issue the claim and £1250 to get a hearing put these claims beyond the reach of many who by definition could be difficulty having lost their jobs. Over half employment claims currently filed, relate to sexual bias, and there is also an explosion…
The starting point for all divorce financial settlements is 50/50. If you and your ex were at the pub with a mutual friend and the mutual friend said to you “look split everything 50/50” it is likely that one but not both of you would say yes. What seems fair to one often does not seem fair to the other. Also 50/50 is only the starting point. The judge looks at what are called Section 25 factors to decide how to split the assets. This includes the length of the marriage, contributions, the needs of the parties, health etc. The…
By specialist legal consultant and McKenzie friend Rodney Hylton-Potts. Being a litigant in person is nothing to be afraid of. These should be useful tips. 1. Just as solicitors you have to comply with the Court rules. One is to prepare bundles for yourself, the other side and the Judge. Other than cases in the Royal Courts of Justice or before a High Court judge, a bundle is only needed for hearings going to last over an hour, but it is a very good idea to prepare them every time. Buy four lever arch files on Amazon or W.H. Smith…
No need to dress as if you were going to a business meeting or a funeral. Just be presentable and comfortable. Do not dress to impress or to show off. Just look measured and calm, whatever you feel like on the inside. Do not bring a whole group to Court for support. They will just get in the way and distract you. Having one a friend with you however is a good idea, if only to pass on messages or get the smints, or line up the drinks after the hearing. We would be interested in your comments, please…
