Gill Laing

When buying or selling a property, the stage of the conveyancing process that makes the agreement legally binding is known as ‘exchange of contracts’. Up until the point that contracts are exchanged, neither the vendor nor buyer are legally required to see the transaction through as they are not deemed to have formally accepted the terms of sale. This means either side can ‘pull out’ until exchange of contract without incurring a penalty. This makes reaching the exchange of contract stage critical to the smooth-running of a property sale or purchase. Prior to this stage, there remains the risk for…

The residential conveyancing process can take anywhere from 6 weeks up to 6 months from start to finish. It can be difficult for a solicitor to advise exactly how long conveyancing will take since every transaction is different to the next. While they may provide indication based on their experience and your circumstances, this will only be a guide as so many external variables are at play – mortgage applications (where relevant), availability of searches, unexpected issues shown in the searches and as well as waiting for information from other parties, to name just a few. Please read our extensive…

Ensuring your employees understand their duties in respect of health and safety and that they are supported in meeting these duties is critical to creating and maintaining a safe and compliant working environment. The Health and Safety at Work Act 1974 places legal responsibilities on employees to exercise reasonable care concerning the health and safety of themselves and others in the workplace. This includes a duty to enable their employer to fulfil its duties under the Health and Safety at Work Act and to avoid obstructing or otherwise interfering with anything related to ensuring health and safety in the workplace.…

When drafting or entering into a commercial contract it is important to understand how legally binding contract terms affect all parties to the agreement. Well-drafted contract terms should provide certainty and clarity in respect of the contractual obligations and of the remedies available in the event of a breach of contract. Importantly, however, a contract does not have to be written to be legally binding. Where certain elements are proven to be present, an agreement and its terms may be legally enforceable despite there being no written documentation or formal signed contract. The key elements of a legally binding contract…

To protect your invention from being used, made or sold by someone else, a patent can provide legal protection for your intellectual property for a limited period of time. The process of obtaining a patent is in itself protracted and can take up to five years from filing. After this initial period, annual renewal and payment is required for the next 15 years to keep the patent live and to allow the patent holder to exploit the commercial advantages of their invention. What are patent rights? As the patent holder, you can grant permission or license usage to…

An employer withholding pay, whether in part or in full, is also known as a deduction of wages. A deduction is when you are paid less than the total amount that you are due. There are limited circumstances in which an employer can lawfully deduct or withhold your wages, but where these do not apply, you may be able to enforce your rights for full pay. Employer withholding pay: what is ‘pay’? Under the Employment Rights Act 1996, the law protects workers from unauthorised deductions from their wages. ‘Workers’ includes employees as well as other individuals who have entered into…

Extradition is the process whereby one country requests that another country returns to them an individual accused of or guilty of a crime for the purpose of trial or imprisonment, and that the individual is transferred to the requesting country. The governing legislation in the UK is the Extradition Act 2003. Where an extradition treaty exists between the UK and another country or territory, the other country may request the extradition of any individual accused of or guilty of a crime, including UK nationals. However, a request for extradition does not necessarily mean that extradition will take place. What is…

The Health and Safety at Work Act 1974 has set the legal basis and framework for health and safety in the UK workplace. Under the act, employers have a number of responsibilities towards employees and others in their company workplaces including temps, casual workers, the self-employed, clients, visitors and the general public. Failing to meet your employer duties under the Health and Safety at Work Act 1974 can have serious consequences from fines to forced business closure or even prosecution and custodial sentences. It is therefore strongly recommended that you seek legal advice to ensure you understand the full complexity of your…

Where an item under warranty develops a fault, the path to remedying the situation may be as straightforward as claiming against your warranty but there are other options that may prove more effective. What is a warranty? A warranty is, in essence, an insurance policy for your purchase. It may be provided by the retailer or the manufacturer, and usually incurs a fee. It may cover your purchase in its entirety or only part of it (and any resulting repairs) and will have conditions on when and how it can be claimed against. It is therefore always in…

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. The Consumer Rights Act also replaced the Supply of Goods and Services Act 1982. However, for items purchased before 30 September 2015 that later were found to be faulty, you may need to consider your rights under the Sale of Goods Act. Claiming under the Sale of Goods Act Any claim you make…

A breach of employment contract is where certain terms agreed to between you and your employer are not met by either your employer or by you as the employee. Your contract of employment is a statement as to the rights and responsibilities of both you and your employer during your period of employment. As with all legally binding contracts, both parties are obliged to comply with the terms they have agreed to otherwise action can be taken to enforce the terms that have been breached. Therefore if your employer has breached your employment contract, you may be able to take…

In England and Wales, there are two main categories of property ownership: freehold and leasehold. Your legal rights and responsibilities over the property and its land are determined by whether you own the leasehold or freehold. In addition to this, there are further rights and restrictions in relation to freehold property depending on the type of freehold estate you own. As such, it is important to understand the type of ownership you will acquire when buying a property as it affects all aspects of purchase and ownership; including property value, your rights and responsibilities, the purchasing process and how easily…

You are considered to be on garden leave if, during your notice period, your employer has asked you not to attend the workplace, or has asked you to work from home or another location. Whether you have been placed on garden leave after handing in your notice, having accepted a redundancy package, or having been suspended from your role, you will still be contracted to the employer during this time. Both you and your employer remain bound by the terms of the employment contract and are expected to fulfil your respective contractual duties. As such, you should continue to be…

“I have no employment contract what are my rights?” Many people assume a contract between an employer and employee must be written to be effective and enforceable, but a contract of employment will usually exist even if it is not in writing. This also means you will benefit from certain rights as an employee. I have no employment contract – what are my rights? All contracts contain legally binding terms and it is the responsibility of the employer to make clear which elements of the contract are the terms. These terms can be: In a written contract or a statement…

Making a will allows you to exert control over what happens to your assets after you die. In addition to specifying who will benefit from your estate, the will also enables you to make inheritance decisions fully informed of the taxation and related implications of your final will. Dying without a will leaves your estate subject to the intestacy rules, which will determine who benefits from your estate. Alongside this, if there is no will then you could be paying the maximum Inheritance Tax on your estate which can dilute your assets for your beneficiaries. How to make a will…

In accordance with the Health and Safety at Work etc Act 1974, employers are responsible for managing the health and safety of their business, and for ensuring that their employees and anyone affected by their business are protected in the areas of health, safety and welfare. They must assess any risk in the workplace, keep affected parties aware of risks, and consult their employees on the implementation of health and safety procedures and issues. The responsibilities of employers are further laid out in the Management of Health and Safety at work Regulations 1999, and more specific health and safety regulations,…

Probate is the legal process of settling the estate and affairs of a deceased individual. This typically requires the executor to notify the relevant authorities and organisations of the individual’s death, to settle any outstanding debts, and to distribute and transfer the remainder of the estate in accordance with the deceased’s wishes. Where there is no valid will, the estate would be dealt with under the intestacy rules, which determine who is to benefit from the estate. What is an executor? The executor of a will is a person or persons appointed by the deceased in the will to handle…

There are many ways the family home can be dealt with as part of divorce proceedings. One such outcome is a Mesher Order, or an order for deferred sale. A Mesher Order is a court order delaying the sale of the matrimonial home when a couple are divorcing. Under a Mesher Order, the property is effectively held in trust in the couple’s joint names until a particular event or condition triggers the sale. The name Mesher Order is taken from the case ‘Mesher vs Mesher and Hall’ where this type of order was first used by the courts. When are…

To apply for divorce, you will have to show there has been an irretrievable break down in your marriage. This is the only ground for divorce under current law in England and Wales and it must be evidenced in the divorce petition by reference to at least one of five ‘facts’. 5 Facts that establish grounds for divorce Fact 1: Adultery by your Spouse You must be able to evidence that your spouse has had sexual intercourse with someone else of the opposite sex. There are a number of additional conditions that must be met to satisfy this fact. You…

Divorce is not an easy journey for many couples when there are important decisions to be agreed over financial assets and potentially children. So achieving the right outcomes are essential. With the support of a good Divorce Solicitor, potential pitfalls can be overcome and the stress involved in ending your marriage or civil partnership be minimised. Pointers to consider for when choosing your Divorce Solicitor Instructing a Solicitor to act on your behalf is a major decision. So where do you start in choosing your Solicitor? Check out below our checklist for directing you in making the right choice: Experience…