Gill Laing

High Street jewellery chain H Samuel has been fined £60,000 after pleading guilty to 17 breaches of the Consumer Protection from Unfair Trading Regulations. The company, owned by Signet Trading Limited, was investigated by the trading standards service of Torfaen Council in Wales for use of unfair pricing promotions online. The breached related to sale of the ‘Forever Diamond’ range and the company’s misleading use of reference prices and intervening prices on the H Samuel website between November 2017 and June 2018. What went wrong? Reference pricing is used by retailers in price promotions to demonstrate good value by referring…

The High Court has ruled that an estate be administered in accordance with a certified copy of a will against a claim of revocation of the original by destruction. In Blyth v Sykes, the court considered how to deal with the presumption of revocation of a will by destruction when the original will cannot be found. The ruling has reiterated the limited circumstances in which the presumption of revocation will arise, other than making another will or codicil. It also emphasises the court’s insistence on clear evidence of revocation over granting probate even if the original will cannot be found.…

A recent survey has revealed common law marriage remains a commonly held myth. 46% of the public believe that cohabiting couples form a common law marriage, according to the British Social Attitudes Survey 2019, conducted by The National Centre for Social Research. This figure increases to 55% among those with children, whereas 41% of households without any children believe there is a common law marriage. In fact, the concept of a common law marriage does not exist anywhere under law in England and Wales. Cohabiting couples do not benefit from the same rights as married couples or civil partners, irrespective…

Single parents of surrogate children are now permitted to apply for parental orders following a welcome change in the law. Under the Human Fertilisation and Embryology Act 2008 (Remedial) Order 2018, the rights of single parents have been brought in line with those of couples in being able to apply for parental responsibility where there is a genetic link to their child. The new law now places all parents on an equal footing when applying for parental orders, regardless of their relationship status. The law as it previously stood drew widespread criticism for being discriminatory against single parents of children…

In its Statement of Changes in Immigration Rules, the Government has laid down the latest changes affecting UK immigration policy. New Seasonal Worker Pilot Scheme for Non-EU workers 2019 will see the introduction of a new two-year pilot scheme for seasonal employment in the horticultural sector. The scheme will initially be trialled with selected operators, who will be permitted to hire non-EEA national workers in the UK for seasonal work for up to six months. New Start Up Visa  Following the Home Secretary’s initial announcement last Summer, a new Start-Up Visa is due to be launched in the Spring. The new route…

From today, the UK’s immigration health surcharge has been doubled from £200 to £400 per visa applicant per year. The increase also applies to those eligible for the discounted rate, which has risen from £150 to £300. This affects students and those on youth mobility schemes. The new rates apply to all relevant applications made to the UK Home Office after 8th January 2019. The change comes despite concerns about the impact of the increased payment on migrant workers and young people who have been in the UK since childhood. UK employers across all sectors are being warned that the…

Claiming under the Sale of Goods Act is the route a consumer should take if they have purchased an item that isn’t of the quality they expected. The Sale of Goods Act 1979 states that all goods purchased or sold in the UK must be as described, of satisfactory quality and fit for the purpose they were manufactured for. The Sale of Goods Act was replaced by the Consumer Rights Act in October 2015. However, for items purchased before 30 September 2015 that later were found to be faulty, you may make a claim under the Sale of Goods Act.…

The Ministry of Justice (MOJ) claims portal is an online hub where all parties to the claim enter required information, basic validation checks can be carried out, notifications can be sent to all parties to keep the claim process moving and time limits and deadlines can be set and clearly communicated to all parties. Initially to deal with road traffic accident claims, the portal was later extended in 2013 to include claims relating to Employers’ Liability and Public Liability. It handles claims to the value of between £1,000 and £25,000, acting as an intermediary between the claimant and the defendant.…

If you are owed money by a person or a business, you may seek to obtain that money through the small claims court. Strict limits apply to the amount you can recover in the small claims court. In England and Wales, the total you can claim is £10,000. In Scotland, the total is lower, at £5,000. The total you can claim in Northern Ireland is £3,000. However, for personal injury claims or where you are making a claim against your landlord for housing disrepair, the maximum you can claim is £1,000. How to make a claim To make a claim…

What is the difference between a lawyer and solicitor? ‘Lawyer’ is generally understood to be an umbrella term for a qualified legal practitioner, and can include both a solicitor and a barrister. A solicitor is qualified to provide legal advice and representation directly to members of the public. Below we look at the different roles played by legal practitioners in the legal system in the England and Wales, including their differing responsibilities and the skills required for each role. Difference between lawyer and solicitor: What is a solicitor? A solicitor can be experienced in a number of areas of law…

When there have been instances of domestic violence, this further complicates the issue of child custody between separating parents. It becomes even more challenging to decide on the issue of child custody as the focus needs to be not only on the safety of the child, but also on the safety of the parent who is the victim of domestic violence. If domestic violence has been the cause of the breakdown of the relationship, there will need to be measures set in place to safeguard both child and parent. This could result in the abusive parent being denied access altogether…

Joint custody, or joint residency as it is referred to in the UK Children’s Act 1989, is a legal decision regarding where the child or children of separated couples will live. Joint custody does not necessarily indicate a 50/50 split for the parents, it is simply that both parents have the child living with them at some time. This could be that a child lives with one parent on weekends and holidays and the other the rest of the time. The child will be the priority in the decision of joint custody. It is important to ensure that there is…

Under the Consumer Rights Act 2015, should you purchase an item or service that is faulty, you may be eligible for a refund. To be considered faulty, your purchase has to meet at least one of the following conditions: It isn’t of a satisfactory quality. It isn’t fit for purpose. It isn’t as described. There are normally three routes of remedy available: refund, repair or replacement. Eligibility to receive a refund is time-reliant in certain circumstances, and in others would require that you attempt to take the repair or replacement options first. Who should you contact about a refund? Your…

The Gas Safety (Installation & Use) Regulations 1998, and the subsequent changes made to the legislation in 2018, outline the legal requirements placed on any person responsible for the installation, servicing, maintenance or repair of gas appliances, fittings and flues in most domestic and commercial premises, with the intention of protecting the public from gas-related incidents ranging from fires to carbon monoxide poisoning. The gas safety regulations apply not only to gas engineers and gas engineering businesses, but also to those responsible for premises where a gas appliance is fitted or repaired, such as a landlord or a letting agent.…

The Health and Safety First Aid Regulations 1981 place an obligation on employers to make available to their employees an ‘adequate and appropriate’ first aid provision. The first aid regulations apply to all workplaces, regardless of the number of employees and to self-employed individuals too. What is seen as adequate and appropriate will vary depending on the conditions of the individual workplace, for instance, whether a first aid room or a trained first aider are required. In all cases, however, employers must assess their workplace to determine what first aid facilities are required. First aid provision for non-employees is not…

Although all employees have a role to play in reducing health and safety risks in the workplace, the duty to report specific incidents under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR) applies only to certain individuals, known as ‘responsible persons’. RIDDOR does not impose responsibilities on ‘ordinary’ employees. While employees who are not subject to duties under RIDDOR should not report using the RIDDOR system, they may however have responsibilities to report under general health and safety laws. Who has a duty to report under RIDDOR? RIDDOR responsible persons include employers, the self-employed and…

The Occupiers Liability Act 1957 states that the occupier of a premises in England and Wales may be held responsible where a visitor to that premises is injured or their property is damaged. The Occupiers Liability Act 1984 was created to clarify the position of occupiers’ liability with regard to trespassers by separating out lawful visitors and unlawful visitors and stating the corresponding conditions of liability. Where an incident does occur on the premises, the injured party may be able to bring a claim for compensation. To be successful, the claimant will need to show the occupier failed to take…

A conviction for dangerous driving can result in penalty points, a fine, possible disqualification from driving and imprisonment, depending on the severity and circumstances of the offence. The Road Traffic Act, the Road Traffic Offenders Act and the related system of penalty points were introduced in 1988 and govern the treatment of driving offenders. According to the Road Traffic Act, a person is deemed to be driving dangerously where, “(a) the way he drives falls far below what would be expected of a competent and careful driver, and (b) it would be obvious to a competent and careful driver that…

Distance selling is the sale of goods or services through mail order, digital TV, phone or text message. Consumer rights in this area were previously covered by the Distance Selling Regulations. These regulations were replaced by the Consumer Contracts Regulations in June 2014. Since October 2015, the delivery of goods, including those purchased via distance selling have been covered by the Consumer Rights Act. When making a purchase through distance selling, what are your consumer rights? Information the seller must provide before an order is placed Before an order can be placed, the seller must make clear the following information:…

If your flight is cancelled, causing disruption to your travel, you have certain rights and may be able to claim compensation under the Denied Boarding Regulation. Conditions of protection under the Denied Boarding Regulation To be protected by the Denied Boarding Regulation, you must meet the following conditions: You must be travelling with an airline that is based in an EU country, or with a non-EU based airline which is flying from an EU airport. You must have a confirmed booking. If a check-in time was given, you must have checked in by this time. If no check-in time was…