Legal precedent is a legal principle that means the previous judgements made by courts are binding on subsequent cases. It is an important part of the development of the common law within the UK. A solicitor can explain how this area of civil law and criminal law could impact on any case you are involved with. (more…)
Paul
Defamation occurs when a person’s reputation has been threatened or damaged because an untrue statement about them has been communicated to a third party. The statement must be capable of lowering the person concerned in the estimation of ‘right thinking people’. An insult is not sufficient to be classed as defamation. A person can be sued for two types of defamation: libel and slander. (more…)
The main area of tax law that applies to a deceased’s estate is the Inheritance Tax Act 1984. Inheritance tax is a tax that is payable on the death of a person who has left an estate that is valued over the inheritance tax threshold. The inheritance tax threshold for 2009/2010 is £325,000. This means that any estate that is valued at £325,000 or more must pay 40% of the amount over the threshold to HM Revenue and Customs. Legal advice should be obtained from a solicitor is the executor of the estate is unsure whether Inheritance tax is due for payment. (more…)
The Office of Fair Trading (OFT) issue Consumer Credit Licences to businesses that lend money to consumers. This is in accordance with civil law. The OFT also issues guidelines on fair and unfair practices, including guidelines for debt collection. If a business is found by the OFT to be using unfair practices in debt collection, they can lose their Consumer Credit Licence. A complainant should take the advice of a solicitor before making a formal complaint about the practices of a company when collecting its debts. (more…)
A self-employed person has many legal matters to consider during both the set-up and running of their business. Firstly, they must determine which legal framework is the most suitable for their business. A self-employed person can operate as a sole trader or within a partnership. They may also create their own limited liability company. The legal implications of these different frameworks for business are an important consideration for a self-employed person, and in order to make the right decision they are advised to seek legal advice from a commercial solicitor. (more…)
The recent economic downturn has led an increase in the number of people unable to maintain their mortgage repayments on their homes. This has led to an increase in the number of home repossessions. Lenders have the right to repossess a home if you have defaulted on your mortgage repayments. (more…)
The term ‘asylum seeker’ applies to person who has applied for refugee status with the UK Border Agency (UKBA) and is awaiting their decision. Solicitors should be appointed to manage the application being made to the UKBA. A person will be granted refugee status if the definition in the 1951 UN Convention Relating to the Status of Refugees (UN Convention) applies to their situation. The UN Convention defines a refugee as a person who has left their country and has a reason to fear persecution in their country because of their race, religion, nationality, or member of a particular social group or political opinion. (more…)
There are a number of issues regarding the care of children following a relationship breakdown. These include where the children will live, how much contact the non-resident parent will have, and how the financial responsibility of caring for the children will be covered by the parents. The overriding law that covers all the issues is the Children Act 1989, which states that a child’s welfare is the most important consideration. Legal advice from a family law solicitor can clarify the law in relation to any particular set of circumstances. (more…)
The hierarchy of the court system has been established so that the majority of cases are heard in the lower courts, with only appeals on important points of law and public interest being heard in the higher courts. Legal advice should be obtained to ensure the right court hears any given case. (more…)
