Simon Fagan
Partner
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Office: 0161 521 0829
Office: 0161 521 0829
Office: 0161 521 0829
Founding partner of Aticus Law in 2013. Simon is a qualified solicitor- advocate who has regularly appeared before the High Court and the County Co...
Office: 0161 521 0829
Founding partner of Aticus Law in 2013. Defence Solicitor and Higher Court Advocate. Edward has extensive experience of all manner of Criminal Liti...
Office: 0161 521 0829
Partner and Higher Court Advocate, Louise heads the Housing Disrepair Litigation Department. Louise is a leading and trusted advisor in the sector ...
Office: 0161 521 0829
Victoria is a true advocate of resolving matters as amicably and as quickly as possible. She is known for her straightforward and honest approach ...
Office: 0161 521 0829
Office: 0161 521 0829
Office: 0161 521 0829
Office: 0161 521 0829
Office: 0161 521 0829
Office: 0161 521 0829
Office: 0161 521 0829
Office: 0161 521 0829
Office: 0161 521 0829
Office: 0161 521 0829
Office: 0161 521 0829
Office: 0161 521 0829
Office: 0161 521 0829
Office: 0161 521 0829
Office: 0161 521 0829
Office: 0161 521 0829
Office: 0161 521 0829
Office: 0161 521 0829
Office: 0161 521 0829
Office: 0161 521 0829
If you and the other parent can’t agree on your child’s school, you’ll need to attend mediation. If this doesn’t work, then one parent can make an application to court for a Specific Issue Order. Parenting plans When parents separate, it’s important for the child’s sake to keep conflict to a minimum. There are lots […]
Read articleA homemade Will is legally binding if it follows the formalities set out in the Wills Act 1837. Namely, it must be signed and properly executed (meaning witnessed). The danger with a homemade Will is that its validity won’t be put to the test until you die – by which point, it is too late. […]
Read articleIf you’re dealing with a Will that’s ambiguous or contains a mistake, you have a number of options available to you. This includes making a Deed of Variation (if everyone agrees) or asking the court to interpret the meaning for you. Wills which are open to interpretation Homemade Wills are particularly prone to including language […]
Read articleHow Long Do I Have to Recover a Debt? According to the terms of the Limitation Act 1980, you have six years to bring legal proceedings to recover an outstanding debt. The six year period starts on the date the debt becomes payable, which is usually the date of the invoice. What is limitation? Limitation […]
Read articleHere, we address some of the other common scenarios facing employers dealing with issues arising out of COVID-19 vaccination. The most common employees’ objections to COVID-19 vaccinations Vaccination is not necessary or reasonable when other less invasive measures could be taken The government does not require our industry to implement compulsory vaccination You can’t legally […]
Read articleIn response to the emergence of the Omicron COVID-19 variant, the Government has implemented a number of precautionary measures. England will move to its COVID-19 winter (plan B), in an attempt to combat the spread of the new variant. It will see the return of work from home guidance starting from today, Monday 13 December […]
Read articleAn individual may be an employee, worker or self-employed, and there are many reasons why the distinction between them is significant. Case law has developed the test for determining what employment status an individual may have, although each case will be determined on its own facts and there is a certain degree of unpredictability. Only […]
Read articleThere is no legal requirement that says you have to use a Probate solicitor. You can complete the process yourself if you want to. However, the personal representatives are personally liable for the estate administration process. That is why you might want the help of a Probate solicitor, especially if the estate is complex. Simple […]
Read articleClean Break Orders and Consent Orders are types of court order that can be issued during divorce proceedings. They allow you to sever the financial ties between you and your ex-spouse, although each one is used in slightly different circumstances. Decree Absolute doesn’t end your financial commitments When you get a divorce, the final stage […]
Read articleIf you’re concerned that your property will have to be sold to pay for care home fees in the future, you might want to consider an Asset Protection Trust. Gifting the property to your children during your lifetime does not offer adequate protection, as the local authority could accuse you of the deliberate deprivation of […]
Read articleDiscrimination at work claims can be made based on the menopause. A number of these claims have been made at the Employment Tribunal, with some claimants being awarded substantial sums of compensation. What is the menopause? The menopause is a natural stage of life and refers to the time when a woman stops having periods […]
Read articleIf you do the divorce process yourself then you’ll only have to pay the court fee, which is currently £593. Instructing a divorce solicitor costs more, with most offering a fixed fee service costing between £500 and £800 plus VAT. Online divorce vs using a solicitor It can be relatively cheap to get divorced if […]
Read articleIf you’re not married or in a civil partnership, then your partner won’t automatically receive a share of your estate after your death. If you want them to inherit, then you must make a Will naming them as a beneficiary. If you have sat down and discussed what you want to happen and have recorded […]
Read articleTrustees can be appointed under the terms of a Will. These Trustees may be the same people as the Executors, or they can be different people entirely. Their role is to manage a Trust on behalf of the beneficiaries, until the Trust is brought to an end. Executors and Trustees When you make a […]
Read articleIf you and the other parent can’t agree on your child’s schooling, you’re encouraged to attend mediation. If this doesn’t work, then your final resort is to apply to court for a Specific Issue Order. The court will then decide what is in your child’s best interests. Deciding where your child goes to school If […]
Read articleWe’re helping ex Weir & McQuiston employees who have been affected by the collapse of the company. It was announced on Monday 15th November 2021 that Weir & McQuiston had ceased trading with immediate effect, leaving 93 employees without a job. If you’re facing redundancy from Weir & McQuiston, we may be able to help you. When an […]
Read articleChildren can legally decide who to live with when they are 16 years old. This may be extended to 17 or 18 years old, if there’s a Child Arrangements Order in place. Deciding where a child lives after separation When a relationship breaks down, you’ll have to decide who is the ‘resident’ parent and who […]
Read articleMarriage invalidates a Will, unless it was written in contemplation of the union. This means that if you’re getting married – or you’ve recently said “I do” – you need to make a new Will. Otherwise, your estate will be distributed according to the rules of intestacy after your death. Why does marriage revoke a […]
Read articleFamily Law Solicitor, Claudia Price, addresses the difficulties that separated parents face at Christmas and offers guidance on reaching an agreement. Christmas is supposed to be an exciting time for families, but sometimes, it’s quite the opposite. Many separated parents face the annual struggle of attempting to agree the arrangements for the children over the […]
Read articleIf you want to remove an Executor, you need to make an application to the court. You’ll need to provide evidence that the Executor’s behaviour is detrimental to the beneficiaries. Have you fallen out with an Executor? There are times when the beneficiaries of a Will want to remove an Executor during the probate and […]
Read articleWe’re helping ex The Energy Checking Company Ltd employees who have been affected by the collapse of the company. On 4 November 2021, The Energy Checking Company Ltd appointed administrators. If you’re facing redundancy from The Energy Checking Company Ltd, we may be able to help you. When an employer proposes to make more than 20 employees redundant at […]
Read articleWe’re helping ex Architectural Fabrications Ltd employees who have been affected by the collapse of the company. On 4 November 2021, Architectural Fabrications Ltd appointed administrators. If you’re facing redundancy from Architectural Fabrications Ltd, we may be able to help you. When an employer proposes to make more than 20 employees redundant at one location, they have a legal obligation to consult with […]
Read articleWe’re helping ex Wildgoose Construction Ltd employees who have been affected by the collapse of the company. It was announced on 3 November 2021 that Wildgoose Construction Ltd had entered administration, resulting in the loss of almost 50 jobs. If you’re facing redundancy from Wildgoose Construction Ltd, we may be able to help you. When an employer […]
Read articleWe’re helping ex Complete Utilities employees who have been affected by the collapse of the company. It was announced on 3 November 2021 that Complete Utilities had ceased trading, putting over 300 jobs at risk. If you’re facing redundancy from Complete Utilities, we may be able to help you. When an employer proposes to make more than […]
Read articleWe’re helping ex Pure Legal Limited employees who have been affected by the collapse of the company. It was announced on 2 November 2021 that Pure Business Group, who employ around 200 staff, had appointed administrators. If you’re facing redundancy from Pure Legal Limited, we may be able to help you. When an employer proposes to make […]
Read articleIf you think a Will has been forged, you need to speak to a solicitor straightaway. A solicitor can instruct experts to analyse the document. This includes a handwriting expert who is scientifically trained to assess forged signatures. Preventing forgery when making a Will When you make a Will, the Will-writer (known as the ‘testator’) […]
Read articleWe’re helping ex Create Construction employees who have been affected by the collapse of the company. It was announced on 28 October 2021 that Create Construction, who employ 78 staff, had called in administrators. If you’re facing redundancy from Create Construction, we may be able to help you. When an employer proposes to make more than 20 employees […]
Read articleWe’re helping ex Hampson Hughes employees who have been affected by the collapse of the company. It was announced on 27 October 2021 that Hampson Hughes had been placed into administration the week earlier after attempts to rescue the business were unsuccessful. Staff we made redundant and told to look for alternative employment. If you’re facing redundancy […]
Read articleYou should review your Will at least one every five years to check it’s still fit for purpose. If not, you’ll either need to make a new Will or amend your existing Will with a Codicil. Remember to review your Will When you make a Will, the terms are based on the facts at that […]
Read articleWe’re helping ex Pure Planet employees who have been affected by the collapse of the company. It was announced on 14 October 2021 that Pure Planet had ceased trading If you’re facing redundancy from Pure Planet, we may be able to help you. When an employer proposes to make more than 20 employees redundant at one location, they […]
Read articleWe’re helping ex Colorado Energy employees who have been affected by the collapse of the company. It was announced on 14 October 2021 that Colorado Energy had ceased trading If you’re facing redundancy from Colorado Energy, we may be able to help you. When an employer proposes to make more than 20 employees redundant at one location, they have […]
Read articleWe’re helping ex goto energy who have been affected by the collapse of the company. It was announced on 18 October 2021 that goto energy had become the 16th UK Energy Supplier to go bust this year. If you’re facing redundancy from goto energy, we may be able to help you. When an employer proposes to make more […]
Read articleA death bed gift is when someone fears they are in imminent danger of dying, and makes an oral request that a specific person receives a specific gift from their estate. There is nothing in writing and possibly no other witnesses. Death bed gifts and the law A death bed gift will cause a significant […]
Read articleThe government has an online service where you can make and register your own Lasting Power of Attorney (LPA). You will need to have the time to read the notes and familiarise yourself with the process before proceeding. Alternatively, you can ask our solicitors to create and register an LPA for you. This will be […]
Read articleA mirror Will is when your Will mirrors that of your spouse or partner. The two Wills are all-but identical, and are ideal for people in a relationship who have the same wishes. It is cheaper to make two mirror Wills than two separate single Wills, as the unity of intention makes the drafting easier. […]
Read articleWe’re helping ex JMC Mechanical and Construction who have been affected by the collapse of the company. It was announced on 11 October 2021 that JMC Mechanical and Construction informed around 140 staff members that they were facing redundancy, without giving them notice. If you’re facing redundancy from JMC Mechanical and Construction, we may be able to help you. […]
Read articleYou may have seen the news today that 28 couples have had their divorces rejected because an online divorce provider hasn’t followed the correct processes. There are a number of potential difficulties parties come across when using online divorce companies. Whilst it may seem quick, easy and relatively cheap the repercussions can be more costly […]
Read articleWe’re helping ex Green employees who have been affected by the collapse of the company. It was announced 22 September 2021 that Green has ceased trading, which could affect the jobs of over 180 employees. If you’re facing redundancy from Green, we may be able to help you. When an employer proposes to make more […]
Read articleYou can protect your assets from care home fees by making a Care Home Fee Planning Will. This type of Will has to be made when both you and your partner are still alive and have mental capacity. Are you worried about care home fees? A typical Will for a married couple is to leave […]
Read articleWe’re helping ex Wyvern Furniture who have been affected by the collapse of the company. It was announced on 8 October 2021 that Wyvern Furniture collapsed into administration, putting around 160 jobs at risk. Administrators then confirmed the loss of over 100 jobs. If you’re facing redundancy from Wyvern Furniture, we may be able to help you. […]
Read articleIf you are subject to a Restraint Order, your assets will effectively be frozen. However, you can ask the court to remove or ‘discharge’ the order. Or, you can request to have the order varied. It is essential to follow the proper procedures. Otherwise, if you breach the terms of the Restraint Order, you could […]
Read articleA Deed of Variation is a legal document that allows the beneficiaries of a Will to make changes to their entitlement. This is done after the Will-writer has died. It can be useful if you want someone else to receive a share of the estate, or you want to make tax savings. Why make a […]
Read articleWe’re helping ex nmcn plc employees who have been affected by the collapse of the company. It was announced on 4 October 2021 that nmcn plc collapsed into administration. If you’re facing redundancy from nmcn plc, we may be able to help you. When an employer proposes to make more than 20 employees redundant at […]
Read articleWe’re helping ex EVCL Chill who have been affected by the collapse of the company. It was announced on 25 September 2021 that EVCL Chill had called in administrators, putting over 400 jobs at risk. If you’re facing redundancy from EVCL Chill, we may be able to help you. When an employer proposes to make […]
Read articleThe Court of Protection is a court that deals with issues under the Mental Capacity Act. Amongst other things, it decides whether someone has mental capacity, appoints Deputies for those who lack capacity, and issues Statutory Wills. What happens when your loved one loses mental capacity? When your loved one loses mental capacity, someone will […]
Read articleA Grant of Representation is a legal document that provides a person (or group of people) the legal authority to administer a deceased person’s estate. There are different types of Grants of Representation, including a Grant of Probate and a Grant of Letters of Administration. Grant of Representation explained When someone dies, it may be […]
Read articleIf you decide that you don’t want to act as an Executor, you can renounce your role or ask someone else to do it for you. This could be a friend, family member or a probate solicitor. Exectors: are you having second thoughts? Acting as an Executor is an onerous task. Those who have been […]
Read articleIf People’s Energy and Utility Point have made 20 or more redundancies in one location within a 90 day period, they need to have followed a certain process. People’s Energy and Utility Point must have collectively consulted with a recognised trade union or elected employee representatives. If they failed to meet those requirements, employees may […]
Read articleWe’re helping ex People’s Energy and Utility Point employees who have been affected by the collapse of the companies. It was announced on 14th September 2021 that both People’s Energy and Utility Point have collapsed, with the companies entering administration and leaving 570,000 customers without an energy supplier. The collapse may also result in hundreds of job […]
Read articleA Protective Award claim is an application for compensation that can be made when an employer doesn’t meet their obligation to consult with employees about collective redundancies. How To Make A Protective Award Claim Firstly, you need to know whether your job loss with your People’s Energy or Utility Point meets the criteria for making […]
Read articleProbate is needed because it gives you the legal authority to administer a deceased person’s estate. Once you have a Grant, you can do things like access the deceased’s bank accounts, sell their property and distribute their assets to the beneficiaries. Grant of Probate vs Letters of Administration We often hear from people who want […]
Read articleWe’re helping ex Ex Cassellie Ltd employees who have lost their jobs as the company went into administration. After the company was placed into administration on the 7th September 2021, 35 staff unfortunately lost their jobs. If you’re facing redundancy from Cassellie, we may be able to help you. When an employer proposes to make more than […]
Read articleWe’re helping ex Ex Cleveland Bridge employees who have lost their jobs as the company went into administration. After the company went into administration, the company resumed work whilst looking for a buyer. Unable to find a buyer to rescue the company, production will now stop before the end of the month, with all remaining staff […]
Read articleWe’re helping ex Ex CS Wind (UK) Limited employees who have lost their jobs as the company went into administration. It was announced that administrators had been called in to CS Wind Wednesday 8th September 2021, resulting the loss of up to 130 jobs. If you’re facing redundancy from CS Wind (UK) Limited, we may be able […]
Read articleYou cannot receive your inheritance until the estate has been properly administered. This generally takes between nine and 12 months, although it can take longer in complex estates. How long does estate administration take? When someone dies, their beneficiaries may look forward to receiving their inheritance. However, the deceased’s estate must be administered according to […]
Read articleBotox is an increasingly popular procedure used to temporarily improve the appearance of wrinkles. The procedure is designed to work beneath the skins surface and targets the underlying muscle activity that causes wrinkles such as frown lines and crow’s feet. The anticipated result of wrinkle free skin is not always achieved, especially when a bogus […]
Read articleWe’re helping ex Dawsons Music & Sound employees who have lost their jobs as the company went into administration. Its was announced on Monday 6th September that almost 50 jobs have been lost as Dawsons Music & Sound entered administration. If you’re facing redundancy from Dawsons Music & Sound, we may be able to help you. When […]
Read articleWhat does LGBTQ+ mean? LGBTQ+ is the more commonly used term in the community. It translates as definitions of lesbian, gay, bisexual, transgender, transexual, 2-spirit, queer, questioning, intersex, asexual, ally, pansexual, agender, gender queer, bi-gender, gender-variant and pangender. The law on same sex couples and adoption The Adoption and Children Act 2002 gave unmarried couples […]
Read articleIf your estranged parent has died, you might be wondering whether you could stand to receive an inheritance, despite the fact you weren’t on speaking terms. The answer to this question depends on whether your estranged parent left a Will, and if so, what the terms of the Will are. If there’s no Will Where […]
Read articleOur divorce solicitors offer a fixed fee service of £850 plus VAT for an uncontested divorce. There is an additional court fee to pay. How much does a divorce cost? If you’re getting a divorce, then you probably want to know exactly how much it’s going to cost you. Unfortunately, it’s hard to give an […]
Read articleIt may be preferrable to name a solicitor as an Executor if you have a complex estate, there is a risk of litigation, or there is no one willing and able to act. Solicitors are trained in all aspects of estate administration and can navigate the process in accordance with the law. Who should I […]
Read articleIf a Will is discovered after the estate has been administered, you need to get expert legal advice. The original Grant of Representation must be revoked and a settlement negotiated. If this is not possible, then legal proceedings may follow. What happens when an estate has been administered – only for a Will to turn […]
Read articleWe’re helping ex Garrandale Manufacturing employees who have been affected by the closure of the firm. After administrators were called in on Tuesday 3rd August, staff were told on Wednesday 4th August that the company was insolvent. The majority of staff were made immediately redundant. If you’re facing redundancy from Garrandale, we may be able to […]
Read articleWhen someone dies, the first steps are to register the death, inform various government departments and secure the deceased’s property, if it’s been left empty. Once all of this has been done, you can turn your attention to the matter of Probate and estate administration. The passing away of a relative or friend may be […]
Read articleIf you can’t agree on child care arrangements, you’ll need to attend mediation. If that isn’t successful or isn’t suitable in the circumstances, you’ll have to apply to Court for a Child Arrangements Order. Negotiating child care arrangements When parents separate, agreeing the child care arrangements can be very difficult. There are a variety of […]
Read articleYou will be classed as the director of a limited company once you have successfully submitted an AP01 form to Companies House. What is a company director? A company director runs limited companies on behalf of shareholders. When a company is formed, there must be at least one director and one shareholder, although they can […]
Read articleIf your family member does not have sufficient mental capacity to make a Will, you have three options available: rely on the intestacy laws, apply for a Deed of Variation after their death, or ask the Court of Protection to approve a Will. Making a Will and mental capacity For a Will to be valid, […]
Read articleYou should review your Will every five years to ensure it’s still fit for purpose. You’ll also need to update it after major life events such as marriage, divorce and the birth of children. It’s a good idea to read over your existing Will on a regular basis, just to check it still represents your […]
Read articleFraud can take many forms, and fraud investigations can arise for any number of reasons – even where no wrong-doing has actually taken place. We assist clients with all types of fraud investigation. Recently, we have seen a rise in the number of trading standards investigations, and banking and mortgage fraud investigations. Trading standards investigations […]
Read articleIf a deceased person’s estate is over a certain threshold, inheritance tax will be charged. The standard rate is 40%. Inheritance tax is a tax on taxed income. You go to work and pay your taxes and with what is left you start to build your pot for the future. If you don’t spend it […]
Read articleA company director who fails to act in the best interests of the company can be disqualified for up to 15 years. Breaching a disqualification order or undertaking can result in up to two years’ imprisonment. Directors of limited companies have a duty to act in the best interests of the company at all times. […]
Read articleA child arrangements order is a type of Court order that sets out where a child should live, how often a child should see the non-resident parent, and other care arrangements. When a relationship breaks down, parents may struggle to agree on child care arrangements. There might be a dispute as to where a child […]
Read articleJTF Mega Discount Warehouse have made 20 or more redundancies in one location within a 90 day period, meaning they need to follow a certain process. JTF Mega Discount Warehouse must have collectively consulted with a recognised trade union or elected employee representatives. If they failed to meet those requirements, employees may be entitled to […]
Read articleWe’re helping ex JTF Mega Discount Warehouse employees who have been affected by the closure of the firm. Following the appointment of administrators, it was announced that JTF Mega Discount Warehouse are closing all branches of the company, resulting in around 500 job losses. If you’re facing redundancy from JTF Mega Discount Warehouse, we may […]
Read articleA Protective Award claim is an application for compensation that can be made when an employer doesn’t meet their obligation to consult with employees about collective redundancies. How To Make A Protective Award Claim Firstly, you need to know whether your job loss with your JTF Mega Discount Warehouse meets the criteria for making a […]
Read articleGrandparents do not automatically have the legal right to see their grandchildren. However, if a parent has stopped you from seeing your grandchild (known legally as having ‘contact’), then you can seek help from the Courts. Many grandparents play an active role in their grandchildren’s lives. Yet there are times when family relationships deteriorate to […]
Read articleIn short, No. ACAS have a technical role in dealing with the initial steps of the process – which is called early conciliation, but they do not lodge Tribunal claims for claimants or deal with Employment Tribunal claims on their behalf. Check your eligibility to file a claim online. Who are ACAS? ACAS (Advisory, Conciliation, […]
Read articleA Protective Award claim is an application for compensation that can be made when an employer doesn’t meet their obligation to consult with employees about collective redundancies. How To Make A Protective Award Claim Firstly, you need to know whether your job loss with your WRW Construction meets the criteria for making a Protective Award […]
Read articleWe’re helping ex WRW Construction employees who have been affected by the closure of the firm. Following the appointment of Administrators on 9th July 2021, it has been announced that WRW have ceased to operate, resulting in job losses for their staff. If you’re facing redundancy from WRW Construction, we may be able to help […]
Read articleWRW Construction have made 20 or more redundancies in one location within a 90 day period, meaning they need to follow a certain process. WRW must have collectively consulted with a recognised trade union or elected employee representatives. If they failed to meet those requirements, employees may be entitled to make a claim for a […]
Read articleYes, funeral costs can be recovered from the estate. If there’s not enough money in the estate, the local authority will pay for a public health funeral instead. Who pays for a funeral? When you make a Will, you can say whether you’d prefer to be buried or cremated. However, this is the one part […]
Read articleThe first action is to ascertain whether the house falls within the estate of the person who has died. They might be living in a house that is rented or in which they only have a right to live for their lifetime, as it is held by Trustees under the terms of a Trust Deed. […]
Read articleA Special Guardianship Order (SGO) is a type of Court order. It places a child or young person in the care of one or more individuals who are not their birth or adoptive parents. What is a Special Guardianship Order? A Special Guardianship Order places a child to live with someone permanently, who is not […]
Read articleThose who claimed furlough payments, despite knowing that they weren’t eligible to receive the money, could be charged under the Fraud Act 2006. Furlough fraud During the pandemic, the government created a furlough scheme to allow employers to continue to pay their employees whilst the pandemic restrictions were in place, curtailing the movement of people. […]
Read articleThe issue of Income Tax and Capital Gains Tax (CGT) does not disappear once a person has died. Income and gains that are made while the estate is being administered still have to be submitted on a tax return. However, there are ways to reduce these liabilities. Capital Gains Tax exemption One option is to […]
Read articleIt’s hard to say how long Probate takes, as it all depends on the circumstances. A simple application may take as little as three months, after which you’ll need to begin the process of estate administration. Getting a Grant of Representation When someone dies, their surviving family members may have to get a Grant of […]
Read articleWhen someone dies, their beneficiaries have two years to alter the deceased’s Will. This is achieved with a Deed of Variation and can help to limit tax liabilities. Why alter a Will after someone dies? Sometimes, a beneficiary receives a gift in a Will that they do not want. For example, it could be that: […]
Read articleNew import and export rules have been introduced thanks to the UK’s exit from the EU. Failure to comply with these new regulations could result in the seizure of goods or cash. Seizure of goods Now that the United Kingdom is no longer a member of the European Union, the British government has implemented a […]
Read articleIf your family member does not have sufficient mental capacity to make a Will, you have three options available: rely on the intestacy laws, apply for a Deed of Variation after their death, or ask the Court of Protection to approve a Will. Making a Will and mental capacity For a Will to be […]
Read articleIf you and your ex-spouse have a joint mortgage together, you can either sell the property or transfer the mortgage into one person’s sole name. Make an agreement as soon as possible Following a separation or divorce, there is often confusion as to what should happen to a joint mortgage. Common questions include: who is […]
Read articleSolicitors will want to see you face to face when making a Will or Lasting Power of Attorney. This is to guarantee the validity and effectiveness of the document. When you make a Will or Lasting Power of Attorney (LPA) with us, we will ask to see you in-person. This ensures that: You are not […]
Read articleYou won’t have to go to court to get a divorce unless one person chooses to defend the divorce, or there are other unresolved disputes. Do you have to attend court in person? So long as you both agree to the divorce, and there are no disputes over costs and other such issues, you will […]
Read articleIf you have a disabled child, you could create a disabled person’s trust. This can be implemented during your lifetime or included in your Will. Every person with parental responsibility for a child who cannot manage in mainstream life has the additional burden of being worried about their future, when they are not there to […]
Read articleIf you are living with your spouse or partner but your name isn’t on the mortgage, you could have some rights over the property. This depends on the circumstances, including whether or not you are married. If you are married or in a civil partnership If you are married/in a civil partnership and are not […]
Read articleIf you have not been left an item of jewellery in a Will – despite lifetime promises made by the deceased – then you may have the right to challenge the claims of the beneficiaries in the Will to the jewellery. To do so, it is necessary to establish that a secret trust was made […]
Read articleRemembering a charity in your Will Most charities are highly dependent on gifts in Wills, be it a set monetary sum, or a share or all of the residuary estate. When you make a Will with us, we’ll ask if you want to leave anything to charity. The Law Society recommends that we do this. […]
Read articleA financial settlement is the financial arrangements made between you and your ex-spouse following the breakdown of your marriage. It covers the division of your assets and debts, plus any ongoing financial commitments, such as the payment of spousal maintenance. You can either decide on a financial settlement between yourselves, or if you cannot agree, […]
Read articleThe intestacy laws – who gets what? A person who dies without a Will is called an ‘intestate’. When this happens, their estate is administered under the intestacy laws. The deceased’s living relatives are placed into an order of priority. This dictates who inherits the money, property and assets in the estate, and in what […]
Read articleYou do not need a solicitor to apply for probate, but most executors and administrators choose to use a solicitor, especially if the estate is complex. Applying for probate Probate is a legal process in England and Wales that is sometimes needed after someone dies. It involves applying for a Grant of Representation from the […]
Read articleWhat is parental responsibility? Under Section 3 of the Children Act 1989, parental responsibility is defined as “all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property.” Parental responsibility usually lasts until the child is 18 years old. It gives […]
Read articleEvery Will should name an Executor. Between one and four Executors can be named. If there are children under the age of 18 who are likely to benefit under the Will, then it is customary to appoint at least two Executors. The choice of Executor is important. They must be capable of dealing with paperwork, […]
Read articleIf you are living with your partner but you are not married, then you might want to consider putting a Cohabitation Agreement in place. What is a Cohabitation Agreement? A Cohabitation Agreement is a legal agreement between an unmarried couple who are living together, or intend to live together. It sets out who owns what […]
Read articleEPAs vs LPAs Prior to 1 October 2007, it was possible to appoint an attorney with a document called an Enduring Power of Attorney (EPA). These documents are still valid, but they can only cover the finances of the person making the appointment. Lasting Powers of Attorney (LPAs) were introduced on 1 October 2007. These […]
Read articleIn England and Wales, there is one ground for divorce, which is the marriage has irretrievably broken down. Currently, you must prove that your marriage has irretrievably broken down by showing that one of the five facts of divorce has taken place. However, this may change in the future with the introduction of ‘no-fault’ divorce. […]
Read articleA Will is the only way to ensure that your wishes are fulfilled after your death. Any wishes you have expressed during your lifetime will not be legally valid, unless they are properly recorded in a Will. What happens if I die without a Will? If you die without a Will, the intestacy laws will […]
Read articleMoving a child a great distance from their other parent can have damaging consequences to their relationship, therefore it is understandable that the suggestion of relocating can cause a dispute, potentially leading to the Court’s involvement. It is important that you get legal advice as to the best approach to any proposed move. I oppose […]
Read articleIf a Will has been lost and the testator is still alive, the best thing to do is simply to make another Will. However, if the testator has already died, then you will need to conduct thorough searches in an attempt to locate the Will. You cannot find your loved one’s Will When someone passes […]
Read articleWhat happens to the house on divorce? Getting divorced is always difficult, especially if you share a child with your spouse. Many ask the question “I don’t want to sell the family home; can I remain living here?”. That is usually a very difficult question to answer, as it all depends on the circumstances. In […]
Read articleIt is perfectly possible to write your own Will. You can also pay someone who has no legal experience to write your Will for you. However, neither option is recommended. This is because you won’t necessarily know what provisions to include – and what to exclude. This could actually invalidate your Will, making the document […]
Read articleCurrently, the amount of time you have to wait before you can divorce depends on the grounds for your divorce. If you do not want to rely on adultery or unreasonable behaviour, then you will have to be separated for at least two years. However, this is set to change in the future when England […]
Read articleIf your partner dies without having made a Will – and you are not married or in a civil partnership – then you will receive nothing under the rules of intestacy. However, any assets held as joint tenants (such as property) will pass to you as the surviving owner. Intestacy laws explained The intestacy laws […]
Read articleEach parent has a financial obligation to provide for their child, even if they are not the child’s main carer. Parents can decide between themselves how much child maintenance should be paid. If they cannot agree, they can defer to the Child Maintenance Service (CMS) instead. The CMS determines how much child maintenance a parent […]
Read articleA Will is a legal document that sets out how you want your estate to be distributed after your death. A Trust is a way of controlling your assets for your chosen beneficiaries, either during your lifetime or after your death. Wills vs Trusts A Will is a legal document that speaks from the point […]
Read articleLegal benefits of marriage Many couples assume that by living together, even if in a lengthy relationship, that they acquire marital rights. Unfortunately, as cohabitees in England and Wales, you do not have the same rights as you would by getting married. By saying ‘I do’, you will enjoy the following legal benefits. Inheritance rights […]
Read articleYou do not have to wait until later life to make a Will. In fact, you can and should make a Will in your younger years. Even if you do not have many assets to speak of now, a Will protects any wealth that you acquire in the future. You can also use a Will […]
Read articleA Declaration of Trust is a legal document that is used when two or more parties buy a property together. The agreement sets out each person’s share, and details what should happen in the event the property is sold or a relationship breaks down. What is a Declaration of Trust? A Declaration of Trust is […]
Read articleYou may be entitled to receive financial support from your ex-spouse, even after you have separated or divorced. This is called spousal maintenance and is awarded by the court. Who is entitled to spousal maintenance? When you begin divorce proceedings, the court will decide whether one person should receive ongoing financial support from the other. […]
Read articleA Specific Issue Order is a type of court order granted by the Family Court. It determines how a dispute over a child’s upbringing or wellbeing should be resolved. As the name suggests, it is used for specific issues, such as decisions regarding the child’s name or education. Anyone with parental responsibility can apply for […]
Read articleGetting married is a legal contract, so when it comes to an end, it is best to get expert advice on the financial and legal implications. For example, did you know that unless you get a Clean Break Order, you’ll always have a financial obligation towards your ex-spouse? This is the kind of thing that […]
Read articleIf you are proposing to travel on holiday with a child, do you have permission to do so? Surely if it’s your child, you don’t need it, right? Wrong! If you are separated from the other parent, then you might actually need their consent before you embark on any overseas trips. Below, we’ve set out […]
Read articleWhen someone has parental responsibility, it means they have the legal right to make decisions regarding a child’s care and upbringing. In legal terms, it is defined as “all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property”. Who has […]
Read articleWhen a marriage breaks down, as a spouse you have certain rights that are protected under law. Many people are unaware of this, which is why it’s important to get specialist legal advice as soon as you separate. What are my rights? Divorce isn’t always straightforward. There’s no ‘one size fits all’ approach, and depending […]
Read articleUnfortunately, the reality these days is that more and more marriages and relationships come to an end, resulting in a number of difficult decisions regarding financial matters. Prenuptial and post-nuptial agreements are useful tools which allow couples to agree from the outset (or shortly after marriage) how these difficult decisions will be made if their […]
Read articleDue to the coronavirus pandemic, domestic abuse has significantly increased in the UK. Many have struggled financially, emotionally and physically. Being unable to leave the house only serves to increase tensions at home. This, however, is not an excuse for domestic abuse. If you feel that you or your children are in immediate danger, you […]
Read articleIf you do not want to get a divorce, there are other options that you could explore. If you choose to do nothing for the time-being, be sure to protect your finances. This includes changing your Will and updating any death in service nomination. Don’t want to divorce just yet? For many couples following a […]
Read articleIt has been widely reported that the Chancellor of the Exchequer, Rishi Sunak, is likely to extend the stamp duty holiday for a further three months. This will occur when he presents his budget on 3 March 2021. With the looming threat of over 200,000 current residential property transactions collapsing, when the stamp duty holiday […]
Read articleCafcass may become involved in your case if you are involved in a child care dispute, or if there are concerns over the welfare of your child. What is Cafcass? Cafcass stands for Children and Family Court Advisory and Support Service. The organisation represents children within family proceedings in England. Cafcass is independent of the Courts and […]
Read articleA Decree Nisi is the first order issued by the court during the divorce process. It confirms that there is no reason why you should not divorce. A Decree Absolute is the final order issued by the court during the divorce process. It legally ends your marriage, leaving you free to marry someone else. What […]
Read articleControlling or coercive behaviour is a type of non-physical abuse. It is often at the heart of domestic abuse cases, and may involve things such as threats, monitoring your actions, isolating you from family and friends, and intimidating you. If coercive behaviour is a factor in your case, we can use the law to protect […]
Read articleMany couples use the most romantic day of the year as an opportunity to pop the question. In fact, over one million couples will become engaged on the day of love. If you, too, have recently become engaged, then congratulations! But before you get tied up in celebrations, we want to outline the legal and […]
Read articleThere are certain legal obligations that an employer must follow if they’re planning to make 20 or more redundancies at one establishment within a 90 day period. They must collectively consult with a recognised trade union or elected representative. If they don’t, employees could be eligible to a Protective Award claim. When a company is […]
Read articleWe’re helping ex Wallis employees who have been affected by the closure of all Wallis stores across the country. Following the collapse of Arcadia Group after it fell into administration last year, on the 8th February 2021, it was announced that Boohoo had purchased the brands Wallis, Burton and Dorothy Perkins. This has resulted in […]
Read articleA Protective Award claim is an application for compensation that can be made when an employer does not meet their obligation to consult with employees about collective redundancies. How To Make A Protective Award Claim Firstly, you’ll need to know if the loss of your job with your employer meets the criteria for making a […]
Read articleIf an employer is proposing to make 20 or more redundancies in one location within a 90 day period, they have to follow a certain process. The employer must collectively consult with a recognised trade union or elected employee representatives. If they fail to meet those requirements, employees may be entitled to make a claim […]
Read articleWe’re helping ex Dorothy Perkins employees who have been affected by the closure of all Dorothy Perkins stores across the country. Following the collapse of Arcadia Group after it fell into administration last year, on the 8th February 2021, it was announced that Boohoo had purchased the brands Dorothy Perkins, Burton and Wallis. This has […]
Read articleA Protective Award claim is an application for compensation that can be made when an employer doesn’t meet their obligation to consult with employees about collective redundancies. How To Make A Protective Award Claim Firstly, you need to know whether your job loss with your employer meets the criteria for making a Protective Award claim. […]
Read articleWhen proposing to make more than 20 redundancies from one establishment in a 90 day period, employers are subject to certain legal obligations. If they fail to comply with the legal obligations, employees could be entitled to make a Protective Award Claim. When a company is put into administration, unfortunately, we often see a lot […]
Read articleWe’re helping ex Burton employees who have been affected by the closure of all Burton stores across the country. Following the collapse of Arcadia Group after it fell into administration last year, on the 8th February 2021, it was announced that Boohoo had purchased the brands Burton, Dorothy Perkins and Wallis. This has resulted in […]
Read articleA Protective Award claim is an application for compensation that can be made when an employer does not meet their obligation to consult with employees about collective redundancies. How To Make A Protective Award Claim You’ll need to make sure the loss of your job with your employer meets the criteria for making a Protective […]
Read articleMiss Selfridge Protective Award Claims Following Arcadia being put into administration, employees of Miss Selfridge have recently been informed that the brand has been purchased by ASOS and that all stores are to close permanently. Affected employees of Miss Selfridge could make a Protective Award claim of up to 90 days’ pay. To make a […]
Read articleMaintenance pending suit is when your ex-husband or wife provides you with financial support, while the terms of your divorce are being finalised. This is ordered by the Court. Maintenance pending suit will be extremely helpful if the breakdown of your relationship has put you in a difficult financial position, perhaps because you ordinarily rely […]
Read articleTopman / Topshop Protective Award Claims Following Arcadia being put into administration, employees of Topshop and Topman have recently been informed that the brand has been purchased by ASOS and that all stores are to close permanently. Topshop and Topman, British multinational fashion retailers, have around 300 stores located in The United Kingdom. Affected employees […]
Read articleWe would like to help those employees affected by the closure of Topshop and Topman stores throughout the country. On 1st February 2021, at 7:45 am, ASOS posted on Twitter to celebrate their purchase of the Topshop brand. We understand that this Twitter post may have been seen by a number of affected employees before […]
Read articleIt sounds final doesn’t it? Divorce. It’s the end of your relationship and you’ve got the paperwork to prove it. You may have used one of those online services, or a local solicitor. So, when we say Divorce isn’t final… why not? Well, due to a process unheard of by most, there is a loophole. […]
Read articleDespite the coronavirus pandemic, the Family Court is still open. The court has changed the way it hears cases so that most hearings can continue. The Courts now hear cases remotely, this means via telephone or video conferencing. As leading solicitors, we have had to make several changes to ensure the safety and security of […]
Read articleEmployers are subject to certain legal obligations when planning to dismiss a number of employees as redundant. When employers are proposing to make more than 20 redundancies at one establishment within a 90-day period, they must collectively consult with a recognised trade union or elected employee representatives. If they do not comply with this obligation, […]
Read articleThe 2019 CAFCASS guidance provides the definition of ‘Parental Alienation’ to be ‘when a child’s resistance or hostility towards one parent is not justified and is the result of a psychological manipulation by the other parent’. Parental Alienation is a form of psychological abuse, becoming a more and more recognised concept within Children Act proceedings. […]
Read articleA Legal Aid Services Payment Order was introduced under the Legal Aid, Sentencing and Punishment of Offenders Act 2012, when public funding within financial remedy applications ceased, save for domestic violence or child abuse cases. The introduction of LASPO’s came about within Sears Tooth (A Firm) v Payne Hicks Beach (A Firm [1997] 2FLR 116 whereby it was […]
Read articleMany parties worry that within divorce proceedings their spouse will be untruthful when providing their financial disclosure, or will look to ‘hide’ assets. This is more common than most think, especially if the financially weaker party did not have much input in their finances during the marriage. In many cases, if parties have been separated […]
Read articleWe expect that HMRC enquires and Audit visits based on Furloughing claims under the CJRS (Job Retention Scheme) will be commonplace in the post Coronavirus era. All businesses participating in the scheme however must be made aware that the Government have said that incorrect claims can become criminal offences. With that in mind, our specialist […]
Read articleSchedule 1 claims provide financial assistance for the benefit of the child from unmarried parents. This is different from claims under the Child Maintenance Service, as Schedule 1 claims apply where the non-resident parent earns above the maximum maintenance assessment through the CMS, being £3,000 per week gross. This is why many think that the […]
Read articleA lot of our clients are not able to agree arrangements for children and have attended Court to obtain Child Arrangement Orders. A Child Arrangements Order is a legal order where the court decides either where a child will live or who a child can spend time with and for how long. A lot of […]
Read articleI am divorcing my partner, but I can’t afford representation! I am asked this question over and over in initial meetings. Often one person has been the main or sole earner and the other takes care of the home and/or the children. What does the party do, when they are no longer financially supported? How […]
Read articleWhere you own land and buildings with another person, be it your husband or wife, your siblings or your parents, you need to understand the nature of that ownership. The conveyancer at the time should have explained the two different ways to co-own. However, there are also times in your life when you may want […]
Read articleOne of the most respected and well-known cosmetic injury solicitors in the UK, Greg Almond is calling for tighter regulation of cosmetic procedures. Mr Almond, who is well known for his legal work campaigning against the use of PPD in hair dye, is currently advising clients across the UK who have experienced severe physical and […]
Read articleThe recently reported case of a beauty therapist who died of a blood clot seventeen days after she had cosmetic surgery raises some important issues. Ms Harvey had two cosmetic procedures, breast enhancement and an abdominoplasty (tummy tuck) during the surgery. It is suggested that the appropriate anticoagulant drugs were not prescribed. Ms Harvey sadly […]
Read articleAccording to a recent home renovation report, homeowners in the UK planning a renovation of their property in 2017 will spend an average of £23,100 doing so. Home improvements or building work does not always go to plan, but there are a number of options available to you to try and resolve it. One of […]
Read articleWith external pressures upon the economy with Brexit and an uncertain economic market place for trading businesses, Cashflow for any small and medium sized business is a key factor in their survival. MarketInvoice Inc recently prepared a report after investigating the position of over 30,000 invoices issued from small companies across five years and 80 […]
Read articlePeople often assume incorrectly that only Council tenants have rights, but tenants in private rented accommodation have just the same rights and actions for specific performance and damages can be brought against private landlords. When bringing a housing disrepair claim, it is vital to prove that the property suffers from actionable defects, the landlord had […]
Read articleMothercare has been in the news lately due to its recent struggle to keep up with the growth of online shopping and increasing competition within the market. With Supermarkets and stores such as H&M and Primark creating their own baby products, it seems that Mothercare has struggled to stay relevant and popular. One reason for […]
Read articleOne of the biggest questions some couples face upon divorce/separation is who will stay in the home. Solicitors are seeing a trend called ‘bird nesting’. This trend began in America, but British families are starting to think of the idea themselves, before reaching court. The arrangement keeps the home for their children and the couple […]
Read articleThe importance of reporting your disrepair or housing issue to your Landlord in a timely fashion can often be the leading factor in successfully bringing a claim against your Landlord. I am often asked by our clients for advice in relation to Housing Disrepair matters and one of the most valuable tips is to report […]
Read articleAnt McPartlin, one half of the double act Ant and Dec sadly announced last week that he is to divorce makeup artist wife Lisa Armstrong. The couple have been married 11 years and together 23 years but unfortunately have made the difficult decision to separate. Their fortune is said to be approximately £62 million, including […]
Read articleDid you know you are now required as part of the driving test to show competence following directions from a Sat Nav? As from 4th December 2017, most candidates will be asked to follow a Sat Nav during the independent driving part of the test. The changes show how commonplace the use of Sat Navs […]
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