When entering into a contract with someone inside or outside of the UK it is wise to include the following details in the contract: Which country’s laws will apply to the contract The procedures the parties involved will use to settle any disputes Which country’s courts will hear any disputes arising from the execution of the contract Every contract needs to include: A jurisdiction clause that explains which country’s court system will be used to hear and rule on any disputes A governing law clause which specifies the legal system that will be used for the interpretation of the agreement…
If you are giving your employee with a reference, you have a duty of care to them and the person you are sending the reference to. You must make sure that any statement that you make is “in substance, true, accurate and fair”. For most sectors, there is no legal duty for you to provide a reference. However, there are exceptions to this, for example if you do business in the financial sector you are legally required to provide a reference when asked to do so. That said it is important to realise that a refusal to provide a reference…
I own a fabric shop. An Indian restaurant has opened next door and the smell is damaging my goods. I’ve tried to talk to the owner of the restaurant business but he says that he has done everything he can to limit the passage of smells. I’ve now had an expert in and he suggests damp-proofing which is expensive. Can I get the restaurant owner to pay all or part? The law of nuisance, which concerns cases of unduly interfering with the comfortable and convenient enjoyment of land, taking account of the character of the neighbourhood and duration of the…
I design and sell jewellery. I found out that an almost identical version of a ring I designed is available in a large high street store. Unlike my product, the ring is not made of precious stones and has clearly been produced for the mass market. I would like to be credited with design and compensated accordingly. It is important that you act quickly. Any delay may lead them to conclude that you tolerate free copying and also may be fatal to your chances of getting an immediate injunction from the court. Also, you need to send a message to…
Trustees are responsible for administering the trust and the legal owners of any assets belonging to it. They have a duty to manage assets in the best interests of the beneficiaries. The “settlor” of a trust – the person who sets it up and funds it – can be a trustee, although a beneficiary cannot. The legal duties and powers of trustees include: A The duty to act in accordance with the rules of the trust; B A duty of care to the trust’s beneficiaries; C The power to make investments for the benefit of the beneficiaries; D The duty…
Are you being abused by your family or your partner? Do They Check your Mobile Phone Say things to scare you to give them what they want Get angry when you spend time with friends/family Call you hurtful names Threaten to spread nasty rumours about you Take their anger out on you Slap, Hit or Push you The answer is simply YES you are being abused Both parties can get help Violent Prevention Programme This Respect Accredited groupwork programme has 26 structured sessions designed to help men to understand why they have used abusive behaviour, how they can change this,…
If you are involved in an employment tribunal claim it is vital to familiarise yourself with the relevant legal requirements before proceeding. For more information, you should also read our systematic guide of what to do next, or contact us via our free legal helpline. Independent judicial bodies are responsible for dealing with employment tribunals and claims that relate to employment rights that arise from them. Generally, any decision made by an employment tribunal will be legally binding. Appeals are rare, but in some circumstances, permission to appeal may be granted. The different types of claims A raft of employment legislation…
Question – “I received a bill from the HMRC who said I had been overpaid around £18,000 in tax credits. When I spoke to someone on their debt management team, I was told that this had to be paid over the next 12 months or I would be taken to court. This is really worrying me as I am already struggling financially as it is! Because I am considered a higher-earner (at £46,000 per year), this is the reason why I am being given such a short period of time to make the repayments. I know it’s my fault for…
Social Media Sites Spouse can get a Court Order served on Facebook Twitter or LinkedIn, Google+ and Flickr to obtain information that the user would normally hope to keep secret. The user is not informed, and a huge amount of personal information can lead to discovery and recovery of hidden assets. Disclosure and Search Orders show where money has been moved and Tweets, Facebook and LinkedIn messages uncovering. Orders can be obtained against banks without the account holder knowing and digital currencies like Bitcoin are no longer safe from scrutiny. Expert advice is essential. Consult Hylton-Potts, the experts who offer…
Question – “Between 2002 and 2007 I have received various statements totalling more than £4,500 from the tax office which they say I need to repay as soon as possible. Their reasons range from me making late self-assessment payments to not putting a decimal point in the figure in the correct place – though I feel that it is hopeless trying to find out exactly what the problems are. Unfortunately I am a bit computer illiterate and therefore have found it really difficult to complete the online forms. They are complicated to understand for someone like me and I don’t…
