Have a look at the September/October Spectator article by Martyn Gowar (www.spears.com) which highlights the way that legal costs can dwarf the amount of the claim especially when encouraged by conditional fee agreements on a no win no fee with a success fee of up to 50%. There is no justification for these massive costs. There is a great deal that can be done in litigation by the person themselves if they have the time. Take a witness statement. A witness statement is an integral part of any litigation and sets out in writing the client’s case. The…
Excellent article with the above title in the Mail on Sunday sets out clearly the legal principle which stretches back more than 300 years. A person can be found guilty even if they were not present at the scene provided there is an agreement to act together. This is similar to a conspiracy, but not quite the same. Encouragement can be sufficient rather than actual involvement. There is no doubt there have been wrongful convictions and that this will continue to happen. The most famous is “Let him have it Chris” which we may all remember from the film of…
The person who files the petition to bring the divorce case is called the Petitioner and the other party to the relationship the Respondent. Then within that procedure people can make an application. Supposing for example the husband made an application to sort out finances. He would become the Applicant and the Petitioner wife the Respondent. It is incredibly confusing and therefore some judges fell back by calling the parties “Husband” or “Wife” whether or not they were still married. This solution, however, was further complicated by the introduction of Dissolution of civil partnership and still remains incredibly confusing Constantly…
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 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…
