Gill Laing

To apply for a civil partnership dissolution, you must provide the court with relevant legal grounds for the partnership to be brought to an end. Grounds for civil partnership dissolution In England and Wales, as with divorce, there is no system of no-fault dissolution. You cannot simply state that you have fallen out of love or that you have grown apart. An application for a dissolution order may be made by either civil partner on the ground that the relationship has “broken down irretrievably”, i.e. to the point where it cannot be saved. To satisfy the statutory “irretrievable breakdown” requirement,…

‘Domicile’ and ‘residency’ are terms often used interchangeably, but for legal and taxation purposes in the UK, they are separate and distinct. Domicile is a legal concept that describes the country in which you officially have, or you believe to have, your real or permanent home. This is not, however, the same as ‘residence’. Residence is where, for tax purposes, you spend your time. You can be UK resident, even if you are not domiciled in the UK. You can be domiciled in a different country from where you are ordinarily resident. Domicile is therefore not necessarily where you are…

An assent of property is the transfer of legal ownership of property or land by the personal representative(s) of the estate of someone who has died to the beneficiary or beneficiaries. Unlike transfers under the conveyancing process, there is no sale or purchase price under an assent. This is because an assent only applies where the property owner has died and the property forms part of their estate, gifted to a beneficiary or beneficiaries. A deed of assent is the document used to transfer the property into the name of the transferee(s) with HM Land Registry, and establishes the beneficiary’s…

Purchasing a leasehold property can involve a number of risks. Here are some key legal considerations if you are considering buying a leasehold property. What is a leasehold? If you buy a leasehold, you will not own the property or the land on which its stands. As a leaseholder, owning the leasehold to a property permits you to use and enjoy the property for a specified period of time. You do not own the property itself, but instead have an interest in the property for the duration of the lease. The land remains owned by the ‘freeholder’. and…

A common health and safety question asked by employers is “What does RIDDOR stand for?” RIDDOR refers to the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013, which place a legal duty on employers and other individuals responsible for work premises to report and keep records of certain serious workplace accidents, occupational diseases and dangerous occurrences. Do I have duties under RIDDOR? The reporting duties set out under RIDDOR are placed on the “responsible person” in the event of a workplace accident, disease or dangerous occurrence. Under the regulations, the responsible person can vary depending on the…

Your notice period refers to the time between the date you formally advise your employer that you resign and the date your contract of employment will officially end. [toc] Before resigning from employment, you will need to ensure you are complying with the legal requirements on you to resign with the relevant notice period. How do I know what my notice period is? Contractual notice period In most cases, your contract of employment will specify the notice period you are required to give when resigning. This is your minimum contractual notice period. Statutory notice period If you have no written employment…

A discretionary trust is one of many different types of trust that are available. The suitability of each type of trust should be determined by a number of factors driven primarily by your personal objectives and plans. With its high degree of flexibility and wide practical application, the discretionary trust has become one of the more popular types of trust arrangement. How do trusts work? A trust is a legal arrangement, in lifetime or on death, in which one party (the settlor) gives a second party (the trustee) the ability to hold assets or property for a third party (the…

If you would like to own your own home but are unable to afford the mortgage, shared ownership properties could allow you to buy a share of a property from the landlord and rent the remaining share at a reduced rate. As a government-funded programme, it is designed to help people get on the property ladder through part-buying and part-renting to reduce the cost of ownership. The following guide sets out how buying a shared ownership property works in England. How does the shared ownership properties scheme work? Under the shared ownership properties scheme, your share can be…

In England or Wales you can file for divorce if you have been married for at least one year and your relationship has irretrievably broken down. The following is a general guide to the process of filing for divorce, and the key legal considerations when completing the initial petition through to applying for a decree absolute. Filing for divorce: Step-by-step The procedural steps when filing for divorce are in themselves relatively straightforward. Circumstances and arrangements relating for example to children and finances can however complicate and protract the process.  As a basic overview, the divorce process involves: Completing the petition…

If you are owed money or are looking for compensation, you may be able to take the person or company responsible to the small claims court. You may have purchased a faulty product or paid for substandard work by a builder, or perhaps your landlord has refused to carry out repairs or you have suffered a personal injury as a result of someone’s else’s negligence. To make the claim, you will make a small claims application at the county court, designed to handle relatively straightforward, low-value claims. This guide sets out the stages involved in the small claim process. …

If you are an expectant father, or the partner of an expectant mother, and want to take time off work following the child’s birth, you will need to know your employment rights. This guide examines the legal position for fathers or partners to be, including how much time off work you are entitled to, and what remedies are available in the event that your paternity rights are breached. First, check you are entitled to take paternity leave The first step is to confirm you are entitled to take paternity leave. Under the Paternity and Adoption Leave Regulations 2002 (as amended),…

12 minute read Last updated: 16th August 2019 A directions questionnaire is designed to provide relevant information for the courts to give the necessary instructions to parties to a claim. This article covers: Small Claims Multi-track and Fast track claims Common pitfalls when completing the Directions Questionnaire How legal advice can help you complete the directions questionnaire There are three procedural tracks for defended claims – small claims, fast track, and multi-track – and the answers you provide in your directions questionnaire will determine which track your claim will be allocated to. Small claims are those valued at less than…

If your house move is at risk of delay or falling through due to a specific legal issue with the property, you might be advised to look at purchasing indemnity insurance. Indemnity insurance provides protection to the buyer and mortgage lender against certain risks, which will allow the transaction to proceed. Claim rates for indemnity insurance are however low, raising the question as to whether it is in fact needed. But given what is at stake, for those involved in the sale (buyer, seller and mortgage company) it may be a small price to pay to keep momentum with the…

If you have been injured or harmed as a result of another person’s negligence, you may be able to make a personal injury claim for compensation. There are many different types of personal injury claims: Road traffic accident claims Clinical negligence claims Holiday sickness & holiday accident claims Accident at work claims Industrial disease claims Asbsesots claims Accidents in public claims Catastrophic and serious injury claims Whether are suffering whiplash injuries following a road traffic collision or have been injured while at work as a result of dangerous hazards, it is worth taking professional legal to see if you are…

Every year millions of people undergo medical procedures. This involves individuals putting a large amount of trust into the hands of the professionals caring for them. Some however do not receive the standard of care they should expect to receive, for example: Where there has been an incorrect diagnosis or a failure to make a diagnosis Where the wrong drug has been administered Where a mistake has happened during a medical procedure or operation Where a patient has not been informed of the risks associated with a medical procedure Where a patient has not consented to a medical procedure being…

If something went wrong during your NHS treatment, and you have suffered injury or harm as a result, you may have a claim for compensation. Medical negligence – sometimes known as clinical negligence – occurs when a health professional breaches their duty of care to a patient, leading to damage or injury. Medical negligence can include a broad range of issues such as: Being prescribed or administered the wrong drug as part of your treatment. A mistake in an operation or other type of procedure. A diagnosis that was missed or misdiagnosed. Treatment being carried out without your consent. Treatment…

Medical negligence is a breach of a legal duty of care by healthcare professionals. If medical negligence has caused you to suffer harm or injury, you may be able to sue the care provider, whether that’s the NHS or a private healthcare company. To make a claim, you’ll need to prove that the healthcare professional had a breach of duty towards you, that the standard of care they provided fell below what would be expected from a competent practitioner in their area of expertise, and that this caused you harm. Types of medical negligence Medical negligence claims can include issues…

Adverse possession allows an individual (‘squatter’) to acquire valid freehold title to a specific piece of land when they have been in continuous occupation and had exclusive possession of the land over a specified number of years. Adverse possession is often referred to as ‘squatters’ rights’. In the context of adverse possession, the term ‘squatter’ holds specific meaning; they must have actual, physical possession of the land that is exclusive to them and without permission of the landowner. How to Claim Adverse Possession of Registered Land Under Schedule 6 of the Land Registration Act 2002 a person can…

If you’re pregnant and you work for yourself, you may be entitled to self-employed maternity pay, known as ‘Maternity Allowance’. [toc] Maternity Allowance is a benefit paid by the Department for Work and Pensions to pregnant women who do not otherwise qualify for Statutory Maternity Pay because for example they are self-employed. Do I qualify for maternity allowance? You will be eligible for self-employed Maternity Allowance if you satisfy the following criteria: You have been self-employed for at least 26 weeks in the 66 weeks before the week you expect to have your baby. This is known as the test…

Unpaid parental leave allows eligible employees to take a limited amount of time off work each year on an unpaid basis for child-related reasons such as to spend more time with their children or family. During this period of unpaid parental leave, the employee’s rights are protected, for example, to annual leave and the right to return to their job. Unpaid parental leave is separate to time off work to deal with emergencies involving dependants, such as illness or injury. This would be covered by dependants’ leave. It is also separate to shared parental leave, where any maternity or adoption…