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The best ways to Create a Street Accident Claim That should Be A Results! By : jonny honalolo In case you have had an accident and it wasn't your fault then right here is some essential particulars. In case your Hiring An Injury Lawyer listed here are four Factors to know ! By : jonny honalolo Some really good related information from our knowledge. Credit Card Payment Protection By : Jessie Stone Credit card payment protection has recently been exposed as one of the biggest scams of the financial industry. In the UK alone, figures show more than 70% of UK adult population had been sold this policy. What is this policy anyway? Why is there so much controversy over a fine print most didn't even know existed until the news of irregularity broke open? Jacksonville DWI Attorney Should You to Obtain a DUI lawyer in Jacksonville By : johhny donahoe No matter where you are, any Dui charge is a very critical charge, which is why you have to consult a Jacksonville dui lawyer. Only someone who knows the ins and outs of your laws surrounding dui can successfully cope with the court system. It is not something you can navigate all on your own. Talking to a dui lawyer doesn't run you a thing, and cannot injure your case. Through talking to the Jacksonville dui lawyer you are interested in, you can make certain you will get the best possible rendering in your Dui case. In addition to the possible loss of your own driver's license, there is feasible jail time to consider, furthermore court costs and also fines and a Dui demand can do a number in your auto insurance. You need a hostile Jacksonville dui attorney who has your own interests in mind. How Truckers Can Defend Their Case In An Auto Accident By : Mike Davis A trucker who is at fault in an auto accident can get in a lot of legal trouble, ranging from prison to heavy fines. If a trucker gets in an accident but isn't at fault, often times he or she still has to appear in court to defend claims of monetary damage. It's a long process proving innocence, but there are guidelines to follow that help. Claim Back Loan Insurance Program By : Jessie Stone People are having disruptions in claiming a bank loan insurance program due to the financial and legal troubles encountered with the bank. Many banks impose penalties and additional charges for people who missed payments and fees needed for loans and mortgages. This is very impractical since many of the people who fail to pay the fees at the right time are having financial troubles and payments. When this happens, the people involved would not only lose the money they paid initially, but also be panelized in the process. This has led to repossession of homes, cars and other properties acquired through the loans and mortgages. This is why the claim back loan insurance program has been created. Information and facts about private injury claims. By : jonny honalolo Here is our useful specifics on issues to concider when taking up a personal injury claim. Identity Theft Monitoring - Shredding Your Mail Is Not Enough By : jason hunter14 Identity theft monitoring is like having a personal bodyguard protecting your credit report from online thieves A Guide to Contract Law By : Emily Skott There are numerous alternative ways with which contracts might be created. An oral contract would come with such actions as a purchase of goods. The problem with oral contracts is that the specifics of a dialog cannot simply be demonstrated. Within the case of products contract law is firstly specified the Sale of Items Act, which negates the necessity to enter right into a discussion about the expectations of a sale. Other types of oral contracts usually find yourself in the courts because the seriousness with which each party regards the settlement can contributors can depart a discussion with differing opinions upon the acutal agreed points. Asbestos landfills: Some illegal, all are harmful and still an issue By : Jana Wilson An estimated 27 million people were exposed to asbestos in the workplace according to a report released by the Environmental Protection Agency The Advantages and Benefits of Reclaiming PPI By : Jessie Stone There are many benefits of reclaiming ppi. The money paid for the PPI is usually substantial since it is used as insurance in case the person is unable to pay the mortgage. If the person is able to pay all the requirements and fees, all the money can be received. The person can also receive other benefits aside from the money. The banks and lending companies would also increase the credit rating of the client and would provide clearance to avail of better and more comprehensive loans and programs. This would be very useful for clients and consumers who need to apply for a new loan that would allow the release of more money . More knowledge About HUD and Justice Department Release New Guidance on Fair Housing Act “Reasonable Modifications.” By : Walton Anderson New guidance released in March 2008 reinforced the right of persons with disabilities to make reasonable modifications. Injured Oregon Pedestrians - Get Your Medical Bills Paid Faster By : Gary R. Johnson After an accident, a pedestrian often has many large medical bills to pay. In Oregon there are special laws to help the pedestrian pay these medical bills. Assessing Damages in Medical Malpractice Cases By : Kaya Collections If you are working with a malpractice attorney to claim compensation for injury from physician negligence, then at some point in the procedure, your attorney will have to determine, in dollars and cents, exactly how much he believes you should be compensated for being the victim of malpractice.This article looks at how attorneys determine the appropriate amount of the claim What is the Best Lebanon Law Firm? By : Judith Gibson There are a lot of Lebanon law firms but the El-Aref International Law Office is the best. They are a reputable company that has a long history in the Middle East. They offer a variety of different legal services and are involved in many committees in the Middle East that influence the laws and help the area grow and prosper. Common Medical Causes of Cerebral Palsy Malpractice By : Kaya Collections Cerebral Plasy refers to a variety of lifelong neurological injuries that result from events that took place around the childbirth process. Unfortunately, advocacy groups beleive that most cases of cerebral plasy are avoidable. Flaws in the Criminal Justice System By : Todd Rutherford Booth's novel serves an important social purpose, presenting these problems and flaws in a provocative way, since the law abiding public remains largely ignorant of the workings of the legal system, and too often do not care when the court reporters attempt to reveal the truth in the newspaper, with no one reading "beyond the sports or the funnies." Common Doctor Errors that Cause Cerebral Palsy By : Kaya Collections Cerebral Plasy refers to a variety of lifelong neurological injuries that result from events that took place around the childbirth process. Unfortunately, advocacy groups beleive that most cases of cerebral plasy are avoidable. Placing An Advantage Onto your Injury Profess By : Roger Valentine To always be adequately paid for the purpose that you've applied you'll want build up what is actually diagnosed anywhere with insurance protection says mainly because "Special Damages". What does the law say about retirement? By : Maksiv Konta Retirement occurs when an employee leaves their employment on the basis of their age. For employment rights purposes, the ‘normal retirement age’ is the age at which people doing that job normally retire (which must apply equally to men and women). If there is no ‘normal retirement age’ for a job, then the default age is 65. If the ‘normal retirement age’ is under 65 years of age, your employer must be able to ‘objectively justify’ the age. In not particularly helpful legal jargon, the age must be a ‘proportionate means of achieving a legitimate aim’. Basically what this means is that your employer must demonstrate a legitimate reason for specifying the lower age: for example, a lower age might be necessary for legitimate health and safety reasons. However, ordinarily it is difficult for an employer to justify a retirement age below 65. Why important last will and testament? By : MarkRobert A last will or testament is a legal declaration by which a person, the testator, names one or more persons to manage his/her estate and provides for the transfer of his/her property at death. Introducing Structured Settlement Loan By : Rosita Brotenm Structured settlements were created by Congress in 1982 for the security of personal injury victims who receive monetary awards. Many individuals would poorly manage a lump sum amount and then have nothing to repay medical bills or living expenses. Distributing the money in payments assures the victim is compensated securely. Hiring Qualified Structured Settlement Consultants By : Rosita Brotenm Do not plan out your structured settlement deals without consulting a certified structured settlement consultant. With a lot of experience these certified structured settlement consultants will be your best bet in getting the right deal for yourself that will work best for you. How is jointly owned property dealt with upon one person's death if there is a mortgage? By : Maksiv Konta If a property is jointly owned by two people under a joint mortgage, how it is dealt with following one person's death depends on the type of joint ownership and the outstanding debts over the property. The distinction in joint ownership types is between owning the property as 'joint tenants' or as 'tenants in common'. How is a solicitor remunerated if you make them executor of your will? By : Maksiv Konta When you write your will you need to choose who you want to be responsible for the administration of your estate. The executor of your estate should be chosen carefully, as they have a range of responsibilities. If your estate is a large or complex estate, they will need to be able to sort out your affairs, including valuing your assets, paying debts, assessing tax liabilities and distributing the assets to the beneficiaries of your estate. How do you search for copies of a will? By : Maksiv Konta A will is a private document and remains so until it has gone through probate after the writer has died. Whilst the person remains alive, no one has a right to see the will, whether or not they are a beneficiary or executor under the will. Of course the person may choose to show others their will, but there is no obligation to do so. Many people choose to leave their will in safekeeping with their solicitor, particularly if the solicitor helped to prepare the will. Solicitors must respect their client's wishes not to disclose the will to others, whether during their life or after their death. How can you change your will? By : Maksiv Konta Many people make the mistake of thinking that once they have written their will, there is no need to revise it and that it will remain valid when they die. Whilst sometimes this may be true, in many cases it is not. For example, if you marry, any previous will is automatically invalid. Similarly, if you divorce, any parts of the will that gave your assets to your former spouse or elected them as executor will be invalid. For this reason it is very important to consult a wills and probate solicitor whenever any major changes occur in your life, whether to your financial situation or your relationships. How are joint bank accounts dealt with upon one person's death? By : Maksiv Konta In a joint bank account, both people are entitled to access the money. This right usually continues after the death of one person. Normally, if one person to a joint bank account dies, the surviving joint owner automatically owns the money and has full access to it. The money generally does not form part of the deceased person's estate for the purposes of the administration of their estate. This applies regardless of who put the money in the account and who takes money out of it. Does every estate need a grant of probate? By : Maksiv Konta A grant of probate confirms that a will is valid and that the executor named in the will has authority to administer the estate. Under UK law, a grant of probate is usually required for most estates. The grant of probate is usually needed in order to present to asset holders, such as banks, building societies and insurance companies, to release the deceased person's assets. Does divorce invalidate an earlier will? By : Maksiv Konta Under UK law, there are various legal and financial things you need to think about when you are divorced. Changing your will is one important thing that you must pay attention to. It is advisable to get in contact with a wills and probate solicitor before you actually get divorced so that you can prepare your situation before the divorce actually goes through. Do you need legal advice for probate? By : Maksiv Konta If a person close to you has died and you are named as executor of their will, you will need to apply for probate. If they did not have a will, their next of kin will need to apply for letters of administration. What is the role of a company secretary? By : Maksiv Konta A company secretary has not been necessary since the passing of the new Companies Act. However, most companies continue to appoint a secretary, as certain roles and responsibilities have to be carried out for every registered company to comply with some aspects of the Companies Act 2006. In essence, a company secretary is a nominated person that takes on the responsibility to perform certain tasks for their business. Often a company secretary is also a director of the business. When a new business is incorporated, it is usual for the business to name its company secretary as the point of contact for all the legal aspects of running the new business. What is the legal significance of a partnership agreement? By : Maksiv Konta When you go into business with one or more partners you have to decide whether to form an ordinary partnership or a limited liability partnership. It is important to understand the differences between the two types of partnerships, as this can have a huge impact on the level of liability you will have for the debts of the business. What is the law on wrongful trading? By : Maksiv Konta As a director of your company you have a number of responsibilities, which were recently expanded with the arrival of the Companies Act 2006. In essence, all directors must act within in the best interests of their shareholders. It is unlawful for any director to act in any way that could damage their company’s profitability. In addition, directors cannot allow their business to trade if they know that insolvency is inevitable. This is defined as wrongful trading and is illegal under the terms of the Companies Act 2006 and the Insolvency Act 1986. A company and commercial solicitor should be consulted regarding your duties as a director. What is the law on product liability? By : Maksiv Konta When your business sells a product to a customer, your company is liable if that product does not perform as expected. All products that are sold on the open market are expected to be ‘fit for purpose’. If a consumer is injured because of your faulty or dangerous product, you could be legally responsible. If you are facing a compensation claim from a consumer, you are advised to seek legal advice from a specialist solicitor as soon as possible. Motorcycle Car Accidents: Always Seek Advice From a lawyer By : Samuel Mercury Are you hoping to get auto accident harm compensation? In this write-up we are going to solution the query how do you get the most out of a vehicle accident? What is the law on product labelling and packaging? By : Maksiv Konta The type of goods that your business manufacturers will determine what type of labelling system you must use. Product labelling and packaging is particularly important with food products, electrical goods, and goods that are destined for export. Businesses that sell to the public must comply with the Consumer Protection from Unfair Trading Regulations. The packaging and labelling of your products must include the quantity or size of the goods, their origin, and the price. It is an offence to mislead your customers with any of this information. If you are unsure whether your labelling meets the current legal minimum standards, consult a commercial solicitor for legal advice. What is the law on corporate manslaughter? By : Maksiv Konta It is now possible for businesses to be found guilty of corporate manslaughter with the passing of the Corporate Manslaughter and Corporate Homicide Act 2007. The Act applies to England, Wales and Northern Ireland with the equivalent offence in Scotland being called corporate homicide. The foundation of corporate manslaughter is when a company or other organisation fails to protect its staff in accordance with the health and safety rules resulting in a fatality. Anyone outside of their organisation who is also killed could come under the remit of the corporate manslaughter laws. Under the Act, health and safety legislation means "any statutory provision dealing with health and safety matters". Therefore it will include transport (road, rail, river, sea, and air), food safety, and workplace safety as enforced by the HSE (Health and Safety Executive) and local authorities. What is the law on businesses reporting food-related incidents? By : Maksiv Konta All food-related incidents must be reported to the FSA (Food Standards Agency). The incident branch of the FSA tracks and investigates all reports of food-related incidents that businesses have to report. Since 2005 all businesses have been required by Regulation 178/2002 to report any food-related incidents including the withdrawal of any foodstuffs from the consumer supply chain. If your incident includes food imports, you should also inform the Port Health Authority. What is the importance of commercial law firms? By : Maksiv Konta All businesses at some point will require the legal advice and assistance of legal professionals. Commercial law firms can help you with a whole range of services to support many aspects of your business. Perhaps you are negotiating a new contract with your suppliers or have commercial partners that you want to do business with. In these scenarios the help, support and expertise of a commercial lawyer is absolutely vital. What is the difference between a partnership and a limited liability partnership? By : Maksiv Konta When two or more people decide to set-up a business together, this will usually be defined under company law as an ordinary partnership. Each partner in the business will be self-employed and responsible for his or her own tax affairs that will be dealt with under the self-assessment tax system administered by HMRC (HM Revenue & Customs). What is Intrastat and what are a business' Intrastat returns obligations? By : Maksiv Konta All businesses that are registered for VAT and trade within the EU (European Union) are required by law to complete an Intrastat return, unless you sell services as these are not covered by the Intrastat system. The value of the goods your business handles also has an impact on whether it needs to make formal Intrastat declaration. It is highly important to seek legal advice from a commercial solicitor regarding your business’s Intrastat obligations. What is included in a franchise agreement? By : Maksiv Konta A franchise agreement is the contract you sign with the franchise owner. The agreement will set out the terms of your franchise and can include some highly complex information. You should always have any franchise agreement you are offered assessed by a company and commercial solicitor that has specific experience with franchise business structures. This is vitally important, as after you have signed your franchise agreement, you are legally bound by its terms. What is entailed in auditing? By : Maksiv Konta Most companies with limited liability will be incorporated with Companies House. One of the legal requirements of that incorporation is the submission of annual accounts that then become public records. An audited account should give a true and accurate picture of your business’s financial health. Generally, your auditor should provide a balance sheet, profit and loss account, the auditor’s report and the director’s report, which should be signed by the director or the company secretary if they are not the same person. Your company solicitor can advise you of your legal obligations in relation to your annual account reports. What is a statutory demand? By : Maksiv Konta If your business has unpaid debts, your creditors can go to court and request a statutory demand that if issued, would give your business 21 days in which to settle its debt or face further court action. After a statutory demand has been issued, a petition for bankruptcy would be the next step. If your business is issued with a statutory demand, contact a company and commercial solicitor for legal advice immediately. What is a green lease? By : Maksiv Konta A green lease contains clauses that commit your business to meeting targets for reducing its energy consumption. The premises you are leasing should already have an EPC (Energy Performance Certificate) that you can use to gauge the current energy use of your premises. However, you are expected to take all practical steps to improve the energy efficiency of your business in any way possible. What is a good standing certificate? By : Maksiv Konta A good standing certificate is used by companies to show that they are solvent and have been operating continuously without any legal action being taken against them. A certificate will only be issued to your company if you have filed your annual accounts with Companies House. A company solicitor can assess your company and inform you if you are eligible for a good practice certificate. What is a confidentiality agreement or 'NDA'? By : Maksiv Konta A confidentiality or non-disclosure agreement (NDA) as they are often called is a signed agreement between two or more parties who agree not to reveal any sensitive information about the other company’s activities. NDA’s are often used in the software industry when two companies work together on a new product. The NDA is used to ensure that intellectual property that has to be shared with the other company in order for them to work on the joint project is not made public. What is a Community Interest Company? By : Maksiv Konta A Community Interest Company (CIC) operates in much the same way as a limited liability company; however, it will exist for entirely different purposes. Limited liability companies exist to make a profit for their owners or shareholder whereas CICs exist for the benefit of either an entire community, or a specific group within a community. A CIC can also often obtain types of funding that are closed to other business structures. What is a break clause in a commercial lease? By : Maksiv Konta One of the most important components of your commercial lease is its term or how long it will last for. Landlords are always looking to sign long-term leases, as this protects their income. On the other hand, tenants want the flexibility of a short-term lease. Your business can usually terminate its commercial lease early if a break clause has been included in the lease agreement. It is vitally important that your business uses a commercial property solicitor to assess the terms of your commercial lease agreement before you sign it to ensure the break clause is included. What free movement of goods disputes might a business face? By : Maksiv Konta Generally, any goods that your business wants to import or export from the UK can move freely. If the countries you are dealing with are within the EEA (European Economic Area), the EU (European Union) has worked hard to ensure that the free movement of goods is quick and simple between EU Member States. An international trade solicitor can advise you on EU law regarding the free movement of goods. Fake Whiplash Claims Are On the Increase Fictitious Car Accidents Are Being Staged - Be Warned! Don’t Fall Victim By : Ian Bedford Create in your mind this, you may well have just stopped yourself abruptly on a traffic island to try and avoid colliding with the automobile stopped in front of you which has stopped suddenly. Whilst you will try to prevent collision, there is simply not enough time to take action inside the short time you have got available, often only a split second. Therefore you end up hitting the automobile in front of you, in the rear. Will a conveyancing solicitor conduct searches during the conveyance process? By : Maksiv Konta A conveyancing solicitor or licensed conveyancer works on the legal and administrative matters relating to the sale of land or property. In England and Wales the law does not permit a conveyancing lawyer to act on behalf of the buyer and seller, so each party will have their own legal representation. If you are selling property then you will take legal advice from a conveyancing lawyer before instructing them to prepare the sale documentation once you have received an offer. Your conveyancing lawyer will gather together proof of ownership, usually a title document and plan from Land Registry. When do I need to use a conveyancing lawyer? By : Maksiv Konta Conveyancing lawyers carry out the legal work required to successfully transfer ownership of title in property or land. You should take legal advice from a conveyancing lawyer if you are thinking of buying or selling a property. Conveyancing lawyers are either solicitors regulated by the Law Society, or licensed conveyancers. Both perform similar work but a solicitor is likely to offer services other than conveyancing. In England and Wales the same conveyancing lawyer cannot represent both parties to avoid a conflict of interest. What searches will a conveyancing solicitor undertake? By : Maksiv Konta Conveyancing lawyers specialise in providing the legal advice, administration and legal work associated with the buying or selling of property or land. In England and Wales, the law permits conveyancing work to be carried out by a conveyancing solicitor or a licensed conveyancer, although the work done in the property transaction by both will be largely the same. The work of your conveyancing lawyer will begin once an offer has been made and accepted, although it is normal to instruct a solicitor or licensed conveyancer before this point. What role does a conveyancing solicitor play during exchange and completion? By : Maksiv Konta Conveyancing solicitors are involved in the legal and administrative work relating to the buying and selling of property and land. In England, conveyancing solicitors are regulated by the Law Society. If you are thinking of buying or selling a property, you should take legal advice from a specialist conveyancing lawyer. Although they will not usually start work until an offer has been made and accepted, it makes sense to have someone ready to start work when that moment arises. What can a conveyancing lawyer do for me? By : Maksiv Konta A conveyancing lawyer is a specialist dealing with the legal and administrative work surrounding the transfer of ownership of property or land from one party to another. In England and Wales, conveyancing is carried out by a conveyancing lawyer or a licensed conveyancer. The work each does is the same, the only difference is that conveyancing solicitors are regulated by the Law Society, while licensed conveyancers are regulated by the Council for Licensed Conveyancers. To avoid a conflict of interest the law does not allow the same lawyer to act for the buyer and the seller so each has their own representative. Do I need advice from a commercial conveyancing lawyer? By : Maksiv Konta Conveyancing is the term given to the transfer of an interest in land and property in England and Wales. Commercial conveyancing lawyers specialise in the transfer of interests in offices, retail premises, warehouses and many other commercial outlets. Commercial transactions are often of a higher value and can be considerably more complex than a residential transaction. If you are considering the sale, purchase or lease of premises for non-residential purposes then you should consider taking legal advice from a commercial conveyancing solicitor who will know the relevant law applicable to your case. Do conveyancing solicitors liaise with mortgage providers? By : Maksiv Konta The process of buying and selling property and land in England and Wales and providing relevant legal advice is known as conveyancing and is carried out by conveyancing lawyers, or licensed conveyancers. In England conveyancing solicitors are licensed by the Law Society, whilst licensed conveyancers are regulated by the Council for Licensed Conveyancers. Although regulated differently, the work done by both is very similar. In a property transaction the conveyancing solicitor representing the buyer and seller have slightly different roles. The law prohibits the same solicitor representing both sides due to conflict of interest. Can a conveyancing solicitor act for the mortgage lender as well as the buyer? By : Maksiv Konta In the UK the act of passing ownership of an interest in land or property is known as conveyancing. In England, conveyancing solicitors are regulated by the Law Society. Since 1987 the law has also permitted Licensed Conveyancers to carry out the same work. Your conveyancing solicitor can help with every aspect of the sale or purchase of an interest in land or property including providing expert legal advice. Although their work will not usually start until a property is found and an offer accepted, it is normal to instruct a conveyancing solicitor in advance. Methods Of Paying Your Tax Bill By : Mike Davis What options are available to someone who owes the IRS or other taxing authority? Do you have to pay? What methods of paying are available? Read valuable information about your obligations and options. Why are children taken into care and under what laws? By : Maksiv Konta Public law in relation to children refers to proceedings under Part IV of the Children Act 1989. Basically, they involve situations where children are in need of care and the local authority seeks orders to safeguard and promote the welfare of the child. Local authorities have a duty to safeguard and promote the welfare of children within their area who are "in need". When can you change your name to your partner’s? By : Maksiv Konta Traditionally a partner’s surname is taken after marriage, however legally you are entitled to change your name to your partner’s whenever you like. The only time a name change is prohibited by law is when it is intended to defraud or deceive. If you are under 18 years of age, the change of name must be done by a parent with parental responsibility. A child over 16 years of age can only have their name changed with their permission. Your new name can be used for all purposes, including being used in legal proceedings and on your passport. Legal advice should be obtained from a solicitor if it is unclear whether a name can be legally changed. When can you appeal family law decisions? By : Maksiv Konta Family law decisions are the decisions made by a court in family proceedings. The ability for a party to appeal a family law decision depends on which court the decision was made. Family law proceedings begin in the Magistrates’ Court or the County Court. On appeal, the family law case goes to the Divisional Court Family Division. The Divisional Court is the section of the High Court that deals with appeals from the lower courts. Appeals from the High Court go to the Court of Appeal Civil Division, and from there they go to the Supreme Court. What UK legislation governs children? By : Maksiv Konta There are various pieces of family law that affect children in the UK. Together they protect children, impose obligations on various authorities, and provide children with rights. Some of the main pieces of legislation are summarised here. What types of agreements can be made/enforced with respect to children? By : Maksiv Konta Agreements regarding children are often made following the breakdown of a marriage. When a person petitions the court for a divorce they must complete a ‘statement of arrangements for children’ form if there are any children from the relationship. This form requests certain details about the children, for example age and any special needs or disabilities, and requires the petitioner to outline the arrangements for the care of the children following the divorce. What rights do civil partners have? By : Maksiv Konta When a couple enter into a civil marriage, details such as their names, occupations and addresses are made public. In order to protect civil partners from any potential harassment, only the names and occupations of civil partners will be made available to the public. Any breach of this confidentiality is illegal under civil law. Solicitors should be engaged if this happens. What rights apply to civil partnerships? By : Maksiv Konta The Civil Partnership Act 2004 gave same-sex couples the right to have their relationships legally recognised as a civil partnership. This is an important piece of legislation as previously the law did not recognise that committed same-sex couples should have the same rights as married couples. After the enactment of the Civil Partnership Act 2004, same-sex couples who are in a civil partnership have the same legal rights as those couples in a marriage. Family lawyers can explain what this mean in practice. What legal remedies can help address domestic violence? By : Maksiv Konta The Home Office describes domestic violence as ‘any incident of threatening behaviour, violence or abuse (psychological, physical, sexual, financial or emotional) between adults who are or have been intimate partners or family members, regardless of gender.’ Domestic violence will happen to one in four women at some point of their life and it is thought to account for a quarter of all reported violent crime. There are a number of legal remedies, both criminal and civil, that can be used to help address domestic violence within the UK. Anyone suffering domestic violence is advised to seek legal advice from a family law solicitor as soon as they can. What is the welfare checklist and what is its importance? By : Maksiv Konta If, following the breakdown of your relationship, you can’t decide who your kids will live with and when they will have contact with their other parent and people in their life, you may end up in court. Family court proceedings aim to be informal and supportive of parents and children. Cafcass Family Court Advisers (FCAs) are there to support parents and children. FCAs also advise the court on what they think is in the best interests of the child. Is the Size of Malpractice Settlements Rising?Are Malpractice Settlements Increasing?\|Is the Size of Malpractice Settlements Increasing, Decreasing or Staying the Same?} By : Kaya Collections Anyone who has ever been the victim of serious medical malpractice, at one time or another, dreams about winning a large monster settlement against the physician, hospital or clinic that did him harm. But exactly what is happening to the size of medical malpractice claims? What is the role of CAFCASS? By : Maksiv Konta Cafcass stands for Children and Family Court Advisory and Support Service. It was set up in 2001 under the Criminal Justice and Court Services Act 2000. The aim of establishing Cafcass was to bring together the family court services previously provided by the Family Court Welfare Service, the Guardian ad Litem (guardian at law) Service and the Children’s Division of the Official Solicitor’s Office. Assessing Damages in Medical Malpractice Cases By : Kaya Collections If you are working with a malpractice attorney to claim compensation for injury from physician negligence, then at some point in the procedure, your attorney will have to determine, in dollars and cents, exactly how much he believes you should be compensated for being the victim of malpractice.This article looks at how attorneys determine the appropriate amount of the claim What is the process of international adoption? By : Maksiv Konta The process for international adoption is generally a long one. Basically, UK family law requires first that the prospective adoptive parents be assessed by an adoption agency for their suitability to adopt a child. The prospective adoptive parents’ application will be considered by the adoption agency’s adoption panel which will make a recommendation on whether they are suitable to adopt, and a final decision will be made by a senior manager of the agency. If they are assessed as suitable the application will then be forwarded to the Department for Children, Schools and Families (DCSF) who will check the paperwork and ensure compliance with the legislation. If everything is in order they will issue a Certificate of Eligibility which will be sent to the relevant foreign authority with supporting documents. What is the law on sex-selection in IVF treatment in the UK? By : Maksiv Konta The law on assisted reproductive technology is very complex and highly debated in the UK. Reproductive technology has now advanced such that it can be used to examine and select the sex of a baby. Laws govern the use of these techniques in the UK and certain methods are illegal. The Human Fertilisation and Embryology Act 2008 updated the original 1990 Act of the same name. It made considerable changes to the law on assisted reproductive technology as well as embryo research in an attempt to keep up with technological, medical and social change. What is the law on legal parenthood after embryo donation? By : Maksiv Konta When IVF treatment occurs, a number of embryos are created, from which one or more are implanted in the womb and allowed to fully develop. The other embryos are most commonly destroyed. Alternatively, they may be donated to research, or donated to another woman or couple for use in their own IVF treatment. An important question then arises of who the legal parents of the child will be, considering that both the sperm and egg are donated, but the child is grown in the woman’s womb and born by her. The Human Fertilisation and Embryology Act 1990 sets out the rules of legal parentage in such situations. What is the law in the UK on ‘saviour siblings’? By : Maksiv Konta The law on savior siblings is very complex and highly debated in the UK. If you require legal advice regarding saviour siblings, a specialist family law solicitor can help you. ‘Saviour siblings’ is the term given to babies born through IVF treatment because they are a tissue match for a sick older brother or sister with a genetic condition. Once born, cells from the baby's bone marrow or umbilical cord are used to treat the older child. Pre-implantation genetic diagnosis (PGD) is used to test whether an embryo is suitable. Pre-implantation genetic screening (PGS) tests whether the embryo is free of genetic abnormalities. What is the jurisdiction of the Family Proceedings Court (FPC)? By : Maksiv Konta The Family Proceedings Court (FPC) is the part of the Magistrates' Court that deals with family law matters such as child residency and spousal maintenance. The FPC's jurisdiction is derived from the Magistrates' Court Act 1980. It is a court of first instance for family law matters in England and Wales and is therefore where simpler family law matters will be heard and most family proceedings will start. More serious or complex cases will be escalated to the county court (most divorces are heard in the county court). Appeals and very complex cases are heard in the Family Division of the High Court. What is a judicial separation? By : Maksiv Konta A judicial separation is a family law court order that has some similarities to divorce. It does not, however, have the effect of dissolving the marriage, which is the fundamental effect of divorce. Rather, couples remain married but are released from many of the obligations that come with marriage. Thus, in effect, the marital obligations come to an end. As it does not end the marriage, neither partner is free to remarry or to enter into a civil partnership. Nor is judicial separation intended as a precursor to divorce it is a separate remedy in itself. What does public law regarding children involve? By : Maksiv Konta Public law in relation to children refers to proceedings under Part IV of the Children Act 1989, such as applications for care and supervision orders by local authority social services departments. Basically, the aim of public law proceedings regarding children is to intervene where the health, safety or welfare of a child is threatened. There are a range of orders that local authorities can seek, as follows: What criminal action can be taken about domestic violence? By : Maksiv Konta Domestic violence is treated seriously under both the civil law and criminal law. There are a variety of criminal law provisions which govern domestic violence offences, as summarised here. What civil action can be taken about domestic violence? By : Maksiv Konta Domestic violence refers to violence that occurs within the home, between people in relationships, family members and other domestic relationships. Unfortunately, domestic violence occurs quite frequently. For example, according to Women’s Aid, a national domestic violence charity in the UK, 1 in 4 women will be a victim of domestic violence in their lifetime many of these on a number of occasions. What is the Most Common Type of Malpractice Case? By : Kaya Collections Medical misdiagnosis and medication errors are among the mot common types of physician mistakes that lead to malpractice claims. While no one medical condition is responsible for more than five per cent of all malpractice cases, a disproportionate number of cases are found in the fields of obstetrics, (birth injuries), anesthesia and surgery. Bad Debts May Cause Bad Health By : Jessie Stone Tackling our debts can be difficult. If we fail to manage our finances we may suffer the physical and mental effects of stress. A key to remaining healthy or regaining good health is to be on top of our debts. Discover one positive way towards achieving that goal. What does a solicitor do during the conveyance process? By : Maksiv Konta During a standard residential conveyancing process the work done by a conveyancing solicitor will vary depending on whether they are acting for the seller or the buyer. It should be stressed at the outset that both the seller and buyer should seek legal advice in order for the smooth running and efficient completion of the process. How much does a conveyancing solicitor charge? By : Maksiv Konta When you instruct any type of solicitor for whatever purpose, they are under a professional obligation at the outset of your matter to provide you with detailed advice about costs and funding. How long does the conveyance process take? By : Maksiv Konta There is no definitive answer to this question. The length of time taken for a conveyance process is dependent on a number of factors. For example, firstly it needs to be made clear that there are two types of conveyancing processes. Namely, residential conveyancing and commercial conveyancing. Do I need a lawyer to buy a property? By : Maksiv Konta You do not need a lawyer to buy a property, just like you do not need a lawyer to draft your will, or an accountant to do your company accounts. However, generally speaking, the consequences of not using a professional to carry out what can often be very complex, specialist tasks can be grave. Failing to use a lawyer when buying a property is no exception to this rule. What Are the Most Prevalent Types of Malpractice Claims? By : Kaya Collections Medical misdiagnosis and medication errors are among the mot common types of physician mistakes that lead to malpractice claims. While no one medical condition is responsible for more than five per cent of all malpractice cases, a disproportionate number of cases are found in the fields of obstetrics, (birth injuries), anesthesia and surgery. What does employment law say about restrictive covenants? By : Maksiv Konta A restrictive covenant is a promise which is negative in nature. They may be contained in a deed or contract. They are basically the same as ordinary contractual clauses or promises, except that they are restrictive (negative) rather than directive (positive). You may have heard about restrictive covenants in the context of property law, where they are used to prohibit certain alterations to a property. What does employment law say about 'lone workers'? By : Maksiv Konta ‘Lone workers’ encompass any employees who work alone without direct or close supervision. Lone workers need to have special consideration given to their health and safety, as they are susceptible to injury just as ordinary employees are, if not more. What do you need to know legally about references? By : Maksiv Konta Many employees are confused about what employment law says about references from an employer. Must an employer give you a reference? Can a reference be negative? Can you see a reference before it is sent to a prospective employer? There are requirements under employment law on these points. What do you need to know about working two jobs? By : Maksiv Konta Working two jobs can be great for your finances or to build up additional work experience, however, it is important to ensure that it is financially worthwhile and that you do not jeopardise either job. There is no restriction under employment law against working a second job; however you do need to pay some attention to any contractual restrictions, and whether there might be a conflict of interest. You also need to consider whether you might fall foul of the working-time regulations. And, finally, you need to consider whether you will inform each employer of the other job. Other than legal issues you also need to consider the tax implications of a second job. For legal advice on the legal issues, you can speak to an employment lawyer. What constitutes an illegal contract of employment? By : Maksiv Konta Employment law strictly regulates employment contracts. There are two main ways in which employment contracts will be unenforceable. Employment law distinguishes between: illegal contracts of employment and employment contracts which are legal but which purport not to provide statutory employment rights and therefore may be unenforceable at law. One must not confuse an 'illegal' contract with one which is simply unenforceable in the courts. What confidentiality responsibilities come with signing a compromise agreement? By : Maksiv Konta A compromise agreement is a legally binding agreement entered into by an employee and employer following the termination of the employment relationship. A compromise agreement can cover many different aspects, from the date of termination and entitlements, to clauses prohibiting legal action and confidentiality clauses. Employees are advised to obtain legal advice from an employment solicitor before signing the compromise agreement, as they will be forfeiting their right to take legal action against their employer. What can you do if your employer hasn't paid you? By : Maksiv Konta Your employer is required to pay you for any authorised work carried out in accordance with your employment contract. Even people who are training for a job or who are on probation are entitled to be paid, at least at the National Minimum Wage rate (there are some limited exemptions for some apprentices and workers on training courses). Under employment law, an employer cannot require you to work an unpaid trial shift something which employers commonly ask of young workers and workers in the hospitality industry. What are your rights regarding trade union membership? By : Maksiv Konta Both members and non-members of trade unions have rights under employment law regarding their membership status. Members have additional protections related to their involvement with the trade union. The protections cover various things, including: What are your rights and protections for being involved in industrial action? By : Maksiv Konta When an employee takes industrial action, they will usually be in breach of their employment contract. They may also be at risk of interfering with their employer’s commercial contracts, such as with other employees, suppliers and customers. For industrial action to be lawful under employment law and for a trade union and members to avoid civil liability for the effects of their action, they must meet certain requirements. The main requirements are that there must actually be a ‘trade dispute’; a ballot of members must be taken; and the employer must be given notice. What are the different types of industrial action? By : Maksiv Konta Industrial action is action taken by employee groups or members of a trade union who are involved in an employment dispute with their employer. Ordinarily the trade union will organise industrial action as a last measure when negotiations with the employer have failed. They will ordinarily hold a vote of members to see whether the industrial action will go ahead. If the trade union does not receive the votes to carry on with the industrial action, you are advised to speak to an employment solicitor before participating in the unauthorised activity. What are statutory dismissal and disciplinary procedures (SDDPs)? By : Maksiv Konta Prior to 6 April 2009, statutory dismissal and disciplinary procedures (SDDPs) were in force in England, Scotland and Wales (but not in Northern Ireland). They were set out in the Employment Act 2002 (Dispute Resolution) Regulations 2004. The SDDPs were repealed and replaced by the ACAS Code of Practice on Disciplinary and Grievance Procedures.
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