Law of Evidence – What is it?
The law of evidence encompasses the rules and legal principles that govern the proof of factual matters in both criminal and civil proceedings. It is the evidence that helps the parties prove or disprove their case and, in turn, assist the court in fairly determining the outcome of those proceedings. Below we examine the different […]
Contract Law (A Guide to the Principles!)
Contract law is a body of law regulating the making and enforcing of agreements. We all enter into hundreds of contracts throughout our lives, very often on a daily basis. This can range from simply buying a cup of coffee or booking a holiday, to entering into a contract of employment or selling our home. […]
Contract Terms
A contract is a legally enforceable agreement between two or more parties. The terms of contract set out the rights and obligations of each party under that agreement. It is these contract terms that determine what the contracting parties are legally obligated to do in exchange for the promise of the other. The following article […]
Offer and Acceptance
The formation of a contract is primarily based upon the existence of an agreement between the parties. Generally speaking, an agreement is reached when one party makes an offer, which is accepted by another party. This article examines the legal concepts of offer and acceptance in contract law, and how these principles work together to […]
Mistake in Contract Law (What is it & What are the Effects?)
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10 minute read Last updated: 13th August 2019 This article examines the meaning and effect of the doctrine of mistake in contract law, including the different types of mistake, how these may impact on the validity of a contract and the legal remedies available for ‘mistake contracts’. This article covers: What is a ‘mistake contract’? […]
Legal Remedies (A Brief Overview!)
Legal remedies are the means with which a court of law, in a civil law context, enforces a right, provides compensation or makes some other court order as a means of resolving a contractual, tortious or other type of dispute. Such remedies can generally be divided into two categories: legal and equitable. Legal remedies allow […]
Exclusion Clause in Contract Law (A Summary!)
An exclusion clause in contract law is a common way of apportioning risk for contracting parties to exclude or restrict their liability to one another in the event of default. Some clauses seek to completely exclude liability, whereas others limit it. This may be, for example, by capping the amount payable in damages in the […]
Consideration in Contract Law (A Short Guide!)
Consideration in contract law is one of three key elements required to make a contract valid and binding. The three essential components which must be present to make a contract enforceable are: that an agreement has been reached between all parties; that there is an intention by all parties to be legally bound by the […]
What is Discharge of Contract?
Discharge of contract refers to the ending of a contractual agreement between parties. Entering into a contract creates legally binding rights and obligations for all parties to it, and by discharging the contract, those rights and obligations are no longer enforceable. This can either be because the terms of the contract have been fulfilled, or […]
What is Entrepreneurs’ Relief?
12 minute read Last updated: 16th October 2019 As an entrepreneur, either on your own or part of a company set up, you are used to taking risks in the name of business growth. With that risk comes the possibility of huge rewards, but cash flow can be critical to your success or failure. Sometimes […]
Estoppel (A Short Explanatory Guide!)
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12 minute read Last updated: 16th October 2019 Estoppel is a long-established doctrine in English law which, put very simply, prevents a person who agrees one set of facts with another individual going back on their word. This article covers: Common types of estoppel Estoppel by representation Promissory estoppel Proprietary estoppel Estoppel by convention Other […]
Equity Law: An Introduction
The law of England and Wales could be described as a body of rules, some of which are defined by legislation, others that have evolved through centuries of judgments being delivered in the courts. The latter is known as the common law of the country and is based on the legal precedents or rules developed […]
What is Family Law?
Family law is an area of law that relates to family matters and involves a host of authorities, agencies and groups which participate in or influence the outcome of private disputes or social decisions involving family law. Such a view of family law may be regarded as assisting the understanding of the context in which […]
What is Divorce?
The following guide summarises the current process for filing for divorce in England and Wales. Divorce defined Divorce is the formal process by which a marriage is officially brought to an end by the court. The party to the marriage who files for divorce is known as the petitioner, while the respondent is the individual […]
How Does a Trust Protect Personal Assets?
An optimised approach to asset protection will consider a wide range of tools and structures potentially at your disposal. One item for consideration in this toolkit will be the trust. Trusts have for centuries been used for asset protection purposes. However, trusts have also been synonymous with tax planning and avoidance. For better or for […]
Asset Protection (A Useful Guide!)
Asset protection is essentially about planning now to protect for later. Without planning, your assets are likely to be at risk of exposure to a number of financial predators. This could be as a result of commercial creditors, bankruptcy, divorce or the tax man. So while the value of your assets will always be subject […]
Capital Allowances on Cars
The rules for claiming capital allowances on cars are complex. But with careful tax planning it is possible to reduce your taxable profits and tax bill by claiming the full extent of tax relief available on car purchases. Capital allowances on cars operate under different rules to capital expenditure on plant and machinery. Capital allowances […]
Capital Allowances on Buildings
For owners of commercial property that pay tax in the UK, a thorough review of all capital expenditure can yield surprising results in the form of capital allowances on buildings that can minimise your tax liability. There are many situations that give rise to eligible capital expenditure. Generally speaking, a business’ expenditure on plant and […]