A freezing order is a very effective way of stopping the other spouse or defendant, moving assets to avoid a claim, but there have to be good reasons not to give notice, and at Hylton-Potts we are experts in handling these applications. An application may be made without notice Where there is exceptional urgency; Where the overriding objective is best furthered by doing so; With the permission of the court; No notice is only justified where there is powerful evidence that the giving of any notice would likely lead the other side to take steps to defeat the purpose…
Question: I qualified as a doctor and worked for 12 months as a medical intern in India. The medical qualification I have is one of those accepted by the GMC. I arrived in the UK in Sep 2011 to take a non-medical masters course. In Feb 2012, I got married, in the UK, to an Austrian national who has been living and studying in the UK since 2000. I have a Home Office issued Residence Card, which gives me right to reside etc, as the Family Member of an EEA National. Can I register with the General Medical Council using…
Any contract of employment may be legally ended when an employer and employee agree to do so. It is possible to make this agreement verbally as well as in writing. This agreement can be reached at any stage of the employment relationship. Termination of the contract can be agreed for a future date as well as for immediate action. However, before you agree to terminate an employee’s employment there are a few legal requirements you should be aware of, the most important of which are outlined below. Reading our Your Responsibilities section will also be helpful. Termination by mutual agreement…
Question: I am a Nepalese passport holder who qualified as a doctor in a NON-EEA country. My husband is now a British citizen. He became an EC citizen after living in France for 3 months. I have been living in the UK for 3 months and have a 2-year spouse sponsored visa. Am I eligible to register with the General Medical Council based using the EC rights mentioned in fact sheet 3a (ii)? I believe I can because that document refers to ‘the spouse registered under the law of an EEA state’. However, I am not sure what that statement…
Question: I was born outside the EU, and trained and qualified as a doctor in a non-European country. For the past 10 years, I have been working as a doctor in a non-EU country. My British-born husband and I would like to move our family to the UK, but we are unsure if I will be accepted by the GMC and am able to practice medicine in the UK. Can you please clarify? Answer: Unfortunately, there is no straightforward answer to this question. Whether you qualify to practice medicine in the UK depends on several factors. For this reason, it…
If you want to end a contract of employment, but do not have the necessary legal grounds, it is still potentially possible to do so. You need to sit down with your employee and agree on an amount to be paid in exchange for their waiving or suspending their right to bring a claim for unfair dismissal. This is called a settlement agreement or compromise agreement. It is also possible to draw up this kind of agreement with an ex-employee who is threatening to sue. You should consider making a settlement agreement in the following situations: When the relationship between…
Any business that offers a service or sells goods has to comply with a long list of rules, regulations and legislation. In the UK, the sale of goods and services imposes a range of implied terms and conditions that firms must meet for each and every transaction. The following is a list of the main legislation that is designed to protect consumers and buyers: The Supply of Goods and Services Act 1982 (SGSA); The Sale of Goods Act 1979 (SGA); Sale and Supply of Goods to Consumers Regulations 2002 (SSGCR); Consumer Protection from Unfair Trading Regulations 2008; Unfair Contract Terms…
If you one or some of your employees are nearing retirement, you need to ensure that you are familiar with the legal requirements surrounding it. Our systematic guide Your Requirements will prove helpful as will the information below. Changes to the state pension age The age at which people can draw their state pension is changing. Currently it is 60 for women and 65 for men who were born before or on the 5th April 1950. Women who were born on or after the 6th April 1950 are seeing their state pension age gradually rise to match that of men.…
Feature |19 November 2013 Originally published by the solicitors Journal on 19 November 2013 and reproduced with their kind permission. Divorcing parents tend to communicate better when going through mediation, which is all for the better particularly when children are involved, says Austin Chessell The growth in cheap flights and increasing employment prospects arising from globalisation has made it more common for separated parents to consider permanently relocating abroad and wanting to take their children with them. In such cases, consent needs to be given by the non-relocating parent for the relocation to take place, which is rarely easy…
My oldest friend and I run a successful international company into an international operation. He plans to marry next year. I would like to be reassured that if the marriage does not work out his wife won’t have any claim to our company, its profits, or ownership. What can I do? Your friend and his fiancée should sign a prenuptial agreement. English law requires that, on divorce, the reasonable needs of the couple must be met. Depending on his financial situation, a pre-nup should enable your friend to ring fence the shares he owns from any claim. A shareholders’ agreement…
