Gill Laing

Criminal injuries compensation is a form of compensation that can be claimed when a blameless person becomes the victim of a violent crime. This is a crime where violence is threatened or used upon that person and results in physical or mental harm. The Criminal Injuries Compensation Authority (CICA) is the government body that administrates and awards criminal injuries compensation in England, Scotland and Wales. What is a violent crime? To claim criminal injuries compensation, you need to have been the victim of ‘a crime of violence’. There is no legal definition of violent crime, so annex B of the…

A misrepresentation is a statement made during contract negotiations that is put forward as a fact or as law but is untrue, that induces a party to enter into a contract resulting in loss to the relying party. The law in this area is extremely complex. It is governed by a combination of legislation (the Misrepresentation Act 1967), equity and a considerable body of case law. Misrepresentations can take many forms. They can be made expressly (oral or written) or they can be implied by words or conduct. They usually arise where full disclose and good faith is being relied…

Contract disputes are an unpleasant but relatively common feature in the business world. They are potentially very disruptive, often siphoning time, energy and money that would be better spent elsewhere. However, with the right legal advice, contract disputes can be solved efficiently, preventing significant damage to your reputation and keeping important commercial relationships on track. What constitutes a contract dispute? Contract disputes often arise because of an alleged breach of contract, usually where an agreement has been made between two or more parties, but one has failed to uphold its side of that agreement. However, contract disputes can concern any…

Faulty goods are items which either do not fit their pre-sale description, are of unsatisfactory quality, or are unfit for purpose. Even the most careful consumer occasionally finds that an item they have purchased is not up to standard, and may rightly seek a remedy of some kind. Recent buyers are protected from faulty goods through legislation, including the Consumer Rights Act 2015. This legislation replaced the Sale of Goods Act 1979 although the latter may still be applicable to faulty goods purchased up to the 30th September 2015. These laws make you eligible for the repair, replacement or refund…

The main piece of legislation determining your statutory rights as a customer is the Consumer Rights Act 2015. The Act consolidates outdated laws in this area and supplements newer legislation such as the Consumer Contracts Regulations 2013, simplifying and updating your statutory rights. The Act was drafted to reflect modern shopping habits and addresses four main areas: digital content; goods; services and unfair terms. It applies to any contract entered into on or after 1st October 2015. What are Statutory Rights? When you buy any goods or services from a retailer, you are entering into a contract with them. Put…

If you are looking to buy property with your partner, a relative or friend, or perhaps you have jointly inherited a property, there are two different types of property ownership options: ‘tenants in common’ or ‘joint tenants’. The type of ownership you register with HM Land Registry will affect how you legally own the property and what you can each do with the property at a later date. Below we examine what is meant by the legal concept of ‘tenants in common’ and how, in practice, this compares to owning a property as ‘joint tenants’. What are tenants in…

Discovering that the property you own or occupy may be compulsorily acquired can be very distressing, particularly if you are unaware of where you stand legally. Below we examine in more detail the question of ‘what is a compulsory purchase order?’, including your rights as an owner and what an authorised body is required to do by law to acquire your land without your consent. What is a compulsory purchase order? A compulsory purchase order is a legal function that gives authorised bodies in England and Wales the power to acquire property or land in circumstances where the…

Vacant possession is the contractual right to exclusive use of a property, both physically and legally, following the sale of a property or grant of a lease. The purchaser or tenant must be free to enjoy the property for the purpose intended, without hindrance from any physical presence or legal impediment. By way of example, a property developer acquiring a site for redevelopment may stipulate under the terms of sale that vacant possession is required so that the existing property can be demolished. The existence of any licence, lease or other occupational right over the property, even in circumstances where…

Fracking has become highly controversial for a number of reasons, with concerns around the environmental impact of this activity, access rights and ownership of the minerals. Fracking is a technique used to recover gas and oil from shale rock. Shale gas reserves have been identified across large parts of the UK, and are especially common in northern England – meaning that a significant number of UK properties could potentially be affected by fracking on and under their land. In the UK, horizontal fracking is generally used – drilling down into the earth before a high-pressure mixture, made of water, chemicals…

An allegation of gross misconduct at work can be extremely daunting, carrying the risk of disciplinary action, including possible dismissal, and potentially impacting your professional reputation. If you are facing an allegation of gross misconduct, it will be important to understand your rights through the disciplinary process and to prepare for any resulting investigation or disciplinary hearing. What is ‘gross misconduct’? Gross misconduct is behaviour that it effectively destroys the relationship between the employer and the employee. It must also be either deliberate or grossly negligent. Gross misconduct can vary depending on the type of organisation, the nature of the…

Employment Law: What are my rights? The growth of non-traditional working relationships might have left you feeling confused about your employment status and, consequently, your rights. But whether you are employed on a full-time, part-time, temporary or permanent basis, everybody has the right to be treated fairly in the workplace and is protected by employment law. Most working arrangements fit into the following three categories: – Employee Worker Self-Employed Your rights will vary dependant on what category you might fall into – although the self-employed have very few employment rights at all. You may think you know which category applies…

The EMI (Enterprise Management Incentive) was introduced in 2000 to help small and medium sized businesses to retain and reward their employees. If you are offered the option of shares under an EMI – what do you need to consider before deciding if this is the right option for you? What is an EMI scheme? An EMI is an HMRC-approved employee share scheme that is tax advantaged. A company may offer share options to employees up to the value of £250,000 in a 3-year period. ‘Tax advantaged’ means any form of investment that is exempt from taxation or where payment…

If you can show a tribunal that your employer has acted unlawfully, thus making your position untenable, you may have a claim for constructive dismissal. Constructive dismissal is when your employer puts you in a situation where you feel you have no choice but to resign. Unlike unfair dismissal, where your employer ends your employment without following fair and proper procedures, in constructive dismissal, the employee is the person who terminates their employment – but only because their employer has breached their duties or seriously damaged the relationship of trust and confidence between them. The breach of contract could be…

Wrongful dismissal from employment occurs when an employer terminates your employment in breach of your employment contract. You will be able to bring a breach of contract claim against your employer, no matter how long you’ve been employed for. There are of course lawful ways an employer is permitted to terminate a contract of employment. Wrongful dismissal claims are there to help remedy the situation where the employer has failed to act in a lawful manner. If you believe you have been wrongfully dismissed, there are certain steps you should take. Have you been wrongfully dismissed? If your employer has terminated…

Statutory Sick Pay is an employment related benefit. It is paid to employees should they be unable to go to work due to sickness, physical or mental, for a period of four days or more, as long as they earn above a lower earnings limit. It is payable for up to twenty eight weeks. [toc] How much is statutory sick pay? The current rate for SSP (2019/20) is £94.25 per week, with a lower earnings limit of £118 per week. Who is entitled to claim statutory sick pay? If you are employed (rather than self-employed), you are entitled to claim…

If you rent a home from a private landlord, it’s important that you are aware of your legal tenants rights. These rights are in place to ensure that you are protected and that landlords do not take advantage of tenants or treat them unfairly in any way. There are certain tenants rights you have if you are renting a private property which include: To live in a property that is safe and in a satisfactory condition It’s your landlords responsibility to ensure that the property is a safe place to live and that’s it’s well maintained. If there are any…

Planning for the future can help to ensure that your loved ones are financially secure when you pass away and allow you to decide who receives what assets. A solicitor experienced in probate law can help you with this task and give you peace of mind for the future. One of the most important questions when someone dies is who will inherit that person’s property. Under a will, you can specify who will benefit, i.e. who receives what assets. The assets can include property, cash and personal possessions. However, those who inherit your estate can be faced with unexpected costs,…

When looking at ‘how to avoid inheritance tax’, you would generally be looking at ways to reduce the size of your taxable estate while making full and effective use of IHT reliefs and exemptions. Inheritance tax becomes payable when the value of an individual’s estate, including gifts made by the deceased in the seven years prior to death, exceeds the prevailing nil rate band (NRB). The NRB is currently £325,000, or £650,000 for married couples and civil partners. Above this threshold, the estate will be liable to IHT at 40% before beneficiaries can take possession of their inheritance. How to…

Understanding how inheritance tax works – in particular the rules relating to individual and married couple allowances, current thresholds and applicable inheritance tax rates – can be key to effective financial planning for the future. By planning ahead you may be able to minimise any inheritance tax liability after you die and, in turn, maximise the value of your estate for those that you leave behind. Your estate comprises any money, property and possessions once funeral expenses, administration costs, debts and liabilities have been paid. Any inheritance tax liability will be assessed on the basis of the net value of…

UK inheritance tax, commonly known as IHT, is the tax payable on the transfer of assets from an estate to its beneficiaries. The current rate for IHT is 40%, which becomes payable if the estate is greater than the inheritance tax threshold once all exemptions and reliefs have been deducted. What is the inheritance tax threshold? On your death, all of your assets, i.e. everything you own that is of value, such as property, savings, investments, cars, works of art and jewellery) become your estate. The transfer of your estate to your surviving spouse or civil partner is IHT-exempt. The…