England Legal Articles
Law related articles writen by lawyers
and experts witnesses practicing in England
September 11, 2014 By Specter Partnership Solicitors
In the UK Medical Negligence cost the NHS £1.2 billion during 2013/2014 – but why are mistakes within the medical world on the increase? There were over 3,000 claims made within 2011/2012, compared to just 250 in 1981/1982 – have we become a compensation hungry nation, or is medical care really going downhill? We take a look at the issues surrounding medical negligence claims and take you through whether you should make a claim against the NHS.
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.
December 31, 2013 By Simons Rodkin Litigation Solicitors
Various ways of financing the bringing of an Employment Tribunal claim in the UK and Wales.
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 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.
Why it is Essential to include comprehensive information when you fill in Inheritance Tax forms IHT 400 and IHT 421
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.
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/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.
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.
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.
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.
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 .
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.
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.
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.
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?
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 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.
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.
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.
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.
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.
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.
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.
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.
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 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.
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.
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.
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.
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.
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.
This article explains the legal requirements for reporting a death.
This article explains what to do about your dog (and other animals) after you die.
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?
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.
People are often embarrassed to ask "what is probate?" because they feel they ought to know the answer. This article explains it.
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.
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.
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.
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.
Issues involved in International Travel of children with parent without custody of children.
This is a practical guide to how to win a construction adjudication.
By HGF Limited
Agatha Diffusion v Monsoon Accessorize Limited: The Appointed Person confirms the correct approach to examining the distinctiveness of a 3-D trade mark and that in Invalidity proceedings specification exclusions must not lead to legal uncertainty.
The rail industry is highly regulated and rail companies are often subject to the decisions of public bodies with authority over how they operate. The exercise of such governmental, statutory and regulatory powers can have substantial direct and indirect effects upon a company's costs, access rights and opportunities. When the decisions are inappropriate or unfair, Judicial Review proceedings are often the remedy available to the industry to defend its interests and expectations.
One area where even those experienced in HR can come unstuck is how to deal with employees on maternity leave. The authors consider some of the commonly asked questions.
Amid the economic turmoil sweeping the world, the financial services markets are evolving. Islamic finance has become the prevailing method of finance in some Eastern states where conventional finance once dominated.
HMRC announced on 15 October 2009 that anti-avoidance legislation will be included in the next Financial Bill, but which will have retrospective effect from 15 October 2009, and which affects debt buybacks.