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Law related articles writen by lawyers
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Holiday Pay Calculations Must Include Commission - UK

  May 27, 2014     By Quantrills Employment Law and HR Solicitor
Where a worker is paid commission on the basis of sales made this commission must be included in the calculation of holiday pay.

Airport Premises - Traps for the Unwary

  April 25, 2014     By Ince & Co LLP
Taking a tenancy of airport real estate may at first appear little different to leasing any other type of commercial property. This article highlights some of the traps that may occur.

The Recast Brussels Regulation: Enhancing the Effectiveness of Jurisdiction Agreements

  April 25, 2014     By Ince & Co LLP
We consider how the recast Brussels Regulation is aimed at reinforcing exclusive jurisdiction agreements within the EU.

The Jackson Reforms: A Sea Change in the Conduct of Civil Litigation in the UK

  April 25, 2014     By Ince & Co LLP
Why the one-year old Jackson civil litigation reforms need to be taken seriously by everyone involved in English litigation, including parties, experts and lawyers.

Ship Managers Find Port of Refuge Before the Hong Kong Courts

  April 25, 2014     By Ince & Co LLP
A review of three recent decisions dealing with a ship manager’s right of arrest under Hong Kong law.

The Financing of Claims in the Employment Tribunal in the United Kingdom

  December 31, 2013     By Simons Rodkin Litigation Solicitors
Various ways of financing the bringing of an Employment Tribunal claim in the UK and Wales.

Employment Non Competition Covenant Advice Note

  December 28, 2013     By Simons Rodkin Litigation Solicitors
The effect of existing employment non competition covenants when setting up your own business in competition with a former employer.

UK Spouse Visa: Explanatory Comment on Financial Requirements

UK Spouse visa rules changed dramatically in July 2012. A new set of financial requirements for the British sponsor are a challenge to immigration officers, let alone practitioners and lay clients. The author explains how the new financial requirements work.

Inheritance Tax Trap

Why it is Essential to include comprehensive information when you fill in Inheritance Tax forms IHT 400 and IHT 421

Where do You Find Legal Aid for Divorce in UK

Legal aid in UK and Wales, as such is funding by government for legal costs or part of them when you are not in a position to afford them. But it depends on certain requirements to be fulfilled which depend on proof of merit in your case. Sometimes you too have to contribute towards the costs which could be repaid after a divorce settlement where you may be in receipt of money or property.

Definition of Legal Aid Lawyers - UK

Legal aid had originally started on the concept of “right to counsel” and “right to a fair trial” movement in the 19th Century continental European countries where poor people who could not afford had their fees waived or the courts provided them with solicitors.

Child Maintenance & Rights of Access

Child/spousal maintenance and contact is one of the main issues in any divorce or separation. This article discusses some of the difficulties associated with it.

Severe Delays in Processing Sponsor Licence Applications by the UKBA Holding Back Growth - UK

Businesses in the UK who are looking to sponsor individuals under the Tier 2 & 5 categories are facing excessive delays in getting their Sponsor Licence applications approved. Hudson McKenzie’s Business immigration team represents businesses from all sectors of the UK economy and we have reached out to our clients to gauge the repercussions of these delays. Undoubtedly, it is a unanimous vote that severe delays on part of the UKBA are currently holding back growth in the UK economy.

Will Writing to be Regulated in the United Kingdom

Why regulation of will writing in the UK is a good thing. Good news. In the UK will writing is going to be regulated by approved regulators. This means that anyone who writes a will or someone else must pass exams, keep up to date with recent developments etc.

How Do I Get UK Probate for an Australian Citizen?

If you are the executor of an Australian person who had assets in the UK you may have to get the Australian grant of probate resealed in the UK before you can access the assets. What do you do if you are the executor of an Australian who dies with assets in the UK? Unfortunately you will probably need to get the Australian probate resealed in the UK.

The Guide to Fair Redundancy - UK

This article aims to answer the most frequently asked questions regarding redundancy. What is redundancy and what does it mean? According to the Employments Rights Act, Section 139 1996, employees face redundancy because of the following occurrences: • The employer wishes to terminate the business; and • The employer no longer requires the employer’s working role within the company .

How to Get Probate in the UK for a French National

A brief explanation of how to get probate in the UK for a French person owning assets in the UK at the date of death, and what to do if it is necessary to remove an administrator appointed for the use and benefit of someone else. If a French person dies with assets in the UK the executors may have to get probate in the UK before the asset can be released.

Employment of Staff in the UK

This is a preliminary advice note and is not a substitute for taking detailed legal advice in relation to your businesses situation, which may be legally complicated. This article pre-supposes that the staff to be engaged are employees and not self-employed. The engagement of self-employed staff will be the subject of a separate article.

How Do I Get International Probate for Someone Domiciled Outside the UK?

A short article explaining the process for the next of kin of someone who lived outside the UK to get probate in the UK. There has been a vast increase in UK born individuals emigrating, but they often keep a rainy day fund in the UK. Other people who are not UK residents have ties to the UK and have some assets here. This has led to demand for legal advice about how to get international probate and release the UK assets when someone dies domiciled outside the UK.

How the Drinking Culture is Increasing the Potential for Personal Injury - United Kingdom

From nightclub brawls, to drink driving, to alcohol related accidents, anyone has experienced British nightlife and pubs will have some understanding of how intoxication can have potentially hazardous consequences. In the past five to ten years we’ve been inundated with media stories about the rise of booze Britain and youth binge drinking, but how much of it is really true, and if true how does this impact upon the rise of alcohol related personal injury?

What Do You Do if Someone Dies with Assets in the UK who is Not a UK National?

Summary of the process for obtaining UK probate if a non UK resident dies dies with a bank account, shares or other assets in the UK. Non UK residents who travel regularly to the UK may have UK assets such as a bank account or shares. Unless the amount in the account is very small the banks won’t release the money in the account to the executors without UK Probate. The shares can’t be sold.

Kadmos Consultants Review the Right of Work Permit Holders for Indefinite Leave to Remain in the UK

Kadmos Consultants welcome recent comments of the President of the Upper tribunal questioning the legality of the new requirement of the immigration rule making settlement applications for Work Permit holders subject to an arbitrary minimum wage benchmark. Kadmos Consultants are happy to announce another stepping stone in their fight for the rights of migrant workers.

Lasting Powers of Attorney (LPA) Briefing Note - United Kingdom

An LPA is a legal document that allows someone (called the Donor) to choose who they want to make decisions on their behalf when they lack mental capacity to make the decisions themselves. The LPA must be completed in advance of the Donor losing mental capacity. It is then kept until needed.

Ireland - New Investor and Entrepreneur Programs

The Irish Government has launched two new immigration programs aimed at Investors and Entrepreneurs who are prepared to invest or create jobs in Ireland. - Immigrant Investor Program - The Immigrant Investor Program requires applicants to make substantial investments in Ireland.

How Much Should Probate Cost?

Should firms give a fixed fee for Probate work? If so how much should it be? A lot of solicitors still charge a percentage of the value of the estate plus an hourly rate of around £200 for Probate work. Banks charge an extraordinary 3% of the value of the estate.

Studied at a UK Institution- What Next?

In order to retain talent in the UK, The UK Border Agency is making certain changes to the existing routes and is also introducing a new visa category known as Tier 1 (Graduate Entrepreneur). The UK Border Agency with effect from 6 April 2012 will be closing down the existing Tier 1 (Post study work) route. As a result, we have been inundated with questions from students looking to extend their stay in the UK.

How Do You Get UK Probate for Non UK Residents?

When a non UK resident dies owning assets in the UK it is often necessary to get Probate in the UK. This article summarises how to get it.

Foreign Based Speakers Who Exhibit "Unacceptable Behaviour" Will Be Excluded from the UK

It has been held by the UK Court of Appeal that foreign based speakers will be excluded from the UK if they have exhibited “Unacceptable Behaviour".

UK Immigration - Are you looking to send a senior employee of your company to the UK to set up a Branch?

Sole Representative of an Overseas Company - An overseas parent company can send one of their senior employees to the United Kingdom as their sole representative in order to establish their subsidiary or register a United Kingdom branch.

Entrepreneurs and Investors Continue to Get Red Carpet Treatment to Set Up in the UK

The Tier 1 (Entrepreneur) category is for those investing in the United Kingdom by setting up or taking over, and being actively involved in the running of one or more businesses in the United Kingdom.

Tier 1 (Investor) Visa- Invest in the UK to gain Citizenship

The Tier 1 (Investor) category is for those high-net-worth individuals who want to make a substantial financial investment in the UK of £1,000,000 (GBP 1 million) or more.

Surrogacy

Surrogacy is an arrangement whereby a woman carries and bears a child on behalf of the 'intended or commissioning parents'. Under English Law, the woman who carries and bears the child is the legal mother. If she is married at the time she becomes pregnant, English law will see her husband as the legal father, regardless of the genetic make-up of the child.

Inheritance Tax Nil Rate Band Trusts in Wills

Why Nil Rate Band Trusts in Wills should be reviewed. Until 2008 lots of people made what was called nil rate band trusts in their Wills. They were designed to save inheritance tax. This is how they worked: Inheritance tax (IHT) can be charged on gifts of money or property during someone’s lifetime and when they die.

Divorce and Separation - Why You Should Have a Will

An explanation of the legal ramifications of divorce or separation on inheritance should you or your spouse die. What happens to your Will on separation or divorce? Until your divorce is finalized the existing Will is still valid. Your spouse is probably still named as an executor and main beneficiary. You are unlikely to want this now.

Independent Mental Capacity Advocacy (IMCA)

Read this guide concerning independent mental capacity advocacy to enable you to help someone who does not have mental capacity and where there are no appropriate friends or family members.

Care Planning and Advance Decisions

People often plan the care they want in the future when they are diagnosed with a serious illness, or go into a care home; read this briefing note about what it involves and the types of decisions and guidance to you may consider giving to your caregivers.

Care Home Fees – Using Your Will to Protect Your Money

Use your Will to protect some of your assets from being used to pay for care home fees. Around 70,000 homes a year (190 every day) are taken by councils throughout the UK, to recover long term care costs.

Reporting a Death - UK

This article explains the legal requirements for reporting a death.

What Should I Do with the Dog When I Die? - UK

This article explains what to do about your dog (and other animals) after you die.

What Makes a Good Brand Name Online?

Knowledge about domains is useful for any business aspiring to grow online. In this we focus on the question - what makes for a good brand name on the web? People who make a living from owning domains (domainers) tend to buy descriptive or subject specific domains (e.g. ‘eating disorders’) because such domains are valuable for search purposes, but is this the right approach for your business?

8 Reasons Why You Must Make a Will

Why should I make a Will? Lots of people think that their loved ones will be looked after adequately under intestacy rules (the rules which say who will inherit if there is no Will). This is often incorrect.

What Is Probate? - UK

People are often embarrassed to ask "what is probate?" because they feel they ought to know the answer. This article explains it.

Whiplash Compensation Advice and Help

One of the most common causes of whiplash is road traffic accidents. However, road traffic accidents can happen in a variety of ways; an accident at work, through to slips, trips and falls. This article has been written with whiplash victims in mind to provide them with professional help and advice.

Young Drivers Car Insurance Premiums Continue to Accelerate - UK

Car Insurance Premiums in the UK have rocketed in the last twelve months by a record breaking 40%, affecting most young men who are now paying in excess of £3,000 a year. This article explains some of the reasons why car insurance premiums are increasing and how to reduce them.

Criminal Injuries Compensation Amounts - UK

This article has been written to provide victims of crime information about how to make a claim for criminal injury compensation and how the scheme works.

Justifications of Pursuing a Personal Injury Claim

There are many people who have suffered a personal injury that should should seek the legal advice and guidance of a personal injury solicitor. Many people shy away from pursuing a claim for compensation. This article explains the justifications for making a compensation claim if you have suffered a personal injury due to someone elses negligence.

Child Custody & Abduction

Issues involved in International Travel of children with parent without custody of children.

The Equality Bill 2010, New Fit Notes & Sickness during Holiday - UK

The Equality Bill received Royal Assent on 8 April 2010 and became the Equality Act 2010. Under the Social Security (Medical Evidence) Regulations 2010, with effect from 6 April 2010, the traditional sick note will be replaced with a ‘fit note'.

US Presidential Order on Payment of Ransoms and Recent Developments - UK

At the time of writing the shipping and marine insurance industries are still trying to digest and understand the full ramifications of the US Presidential Order signed on April 13th 2010.

Is There a Claim where Wrongful Termination of a Contract Results in a Windfall for the Innocent Party? - UK

This case involved an appeal to the High Court from an arbitration award and related to the appropriate measure of damages recoverable by the owners as a result of the wrongful termination of a charterparty.



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