Gill Laing

As part of the coalition’s plans to cut family migration to the UK genuine family visitors will no longer be able to appeal the decision to refuse them entry to the UK to visit their family members in the UK. Last year the government drafted legislation to restrict certain family members from being classed as visitors and in July 2013 they will stop those family members who can still be classed as visitors from appealing negative decisions made by overseas embassies.   This will bring family visitors in line with other categories of visitors to the UK such a business visitors…

Most businesses will be familiar with this scenario: you enter into a contract and then later, for whatever reason you want or need to exit. This may be because the other party is not performing under the contract, you may be in financial difficulties, have found a better deal elsewhere or simply no longer require the service. There are several ways out of a contract and a lawyer will be able to advise you further on this. Usually this will depend on the type of contract, the terms of the contract and practical and tactical issues. Think about getting out…

Alan Beith MP wrote to Mr Cameron to express his objections to shared parenting legislation: http://www.guardian.co.uk/law/2012/jul/18/family-law-confusion-lib-dem Mr Beith’s opposition to shared parenting legislation is, perhaps, best viewed in some historical and cultural context. In the 19th century, British family law was such that, if the father so wished it, a separated mother was likely to lose all contact with her children. Development of family law occurred very slowly indeed. Some change came with the Child Custody Act of 1839 and the Matrimonial Causes Act of 1857, but it was not until 1925 that the welfare of the child finally became…

Retired President of the Family Division, Baroness Butler-Sloss has expressed her strong objections to Shared Parenting legislation: Baroness Butler-Sloss said: “I’ve heard one father who went into court saying, ‘Once this law is enforced, I will get half of the child’ ” Is she claiming to have heard this father in a case over which she was presiding? It seems so. And yet Baroness Butler-Sloss retired from the Bench many years ago, and well before the Shared Parenting Bill was aired. How, then, was she actually able to hear this father’s comments concerning the Shared Parenting Bill? In fairness, she…

As previously discussed (see “Damages Based Agreements: A Capital Idea!”), Damages Based Agreements (“DBAs”) will become available to a whole new array of clients from 1 April 2013 and Conditional Fee Agreement (“CFA”) success fees and after-the-event insurance premiums will no longer be recoverable from the other side in the event of a win. It is said that these changes will: (a) maintain a route to justice; and (b) make the market more competitive since clients will now have an interest in lowering the amount that the lawyers will receive. DBAs raise new issues for clients.  To pursue the DBA…

Yes and No! I want to suggest to you that law firms are time machines in one sense, but not in another.  The majority of law firms measure their services using time and build business plans and targets based on time.  The minority are time machines in the HG Wells sense of travelling to the future and then innovating in the present. Changing Times All lawyers know that we are in a time of unprecedented change in the legal services sector.  The simple fact is, however, that change is being forced on the profession by external factors – legislation, regulation…

The Children and Families Bill was debated in the House of Commons on 25 February 2013. A transcript of the children and families bill and the Parliamentary debate can be found here: Tim Loughton spoke passionately and with much insight about the very real problems many non-resident parents (usually fathers) face in trying to maintain meaningful contact with their children. He was particularly scathing of resident parents who use the ‘system’ to exclude non-resident parents, and of the ‘system’ itself which fails to deter or prevent such abhorrent behaviour. In contrast, Sir Alan Beith appeared completely ignorant of these realities.…

Historic divorce records revealed Information on how Victorian families lived, including details of their marriages, affairs and divorces have recently become available to the public. The UK Civil Divorce Records for 1858 to 1911 are now available online, thanks to family history website, Ancestry.co.uk. Divorce records unveiled The records have revealed details of around 70,000 divorce proceedings that took place in the UK in the 19th and early 20th century, including: the names of the husband, wife and any other ‘involved parties’, and the grounds for divorce or nullification – such as adultery, mistreatment, or inability to consummate the marriage…

The selling of gift vouchers by distressed retailers such as Comet, Jessops and HMV, in the run up to going into administration has been the subject of much adverse comment in the media in recent weeks. Consumers always seem to be pulling the short straw. Why is this and can anything be done to protect their position better? The furore is somewhat reminiscent of the savings club controversy some years ago when Farepak went into administration. It will be recalled that Farepak collected consumers money for months and then was unable to make good on its promise of a hamper…

The Border Agency has generally failed to deal with its legacy of unresolved asylum cases, according to a recent report by the Independent Chief Inspector of Borders and Immigration. This failure was, it says, largely due to inefficiency, poor customer service and a lack of security and data checks. Legacy cases The report, An inspection of the UK Border Agency’s handling of legacy asylum and migration cases explains that in 2006, the then Home Secretary made a commitment that the UK Border Agency ‘must deal with’ the legacy of unresolved asylum cases no later than the summer of 2011. The…

Criminal law solicitors discuss the criminal offence of driving while using a mobile phone. One in three ignore mobile phone laws!

For the uninitiated, a personal injury can be said to an injury or illness, physical or mental, caused due to negligence of another party.

So, you take care not to break the law? You stick to the rules, you watch your back, you do what you’re told. Well, you may not be aware that you could be a law breaker, but there are some wonderfully weird laws that people barely remember. Unless they have been repealed, they’re still in force Here are some of the silliest laws that you may have unwittingly broken. Boiled egg and soldiers. The breakfast favourite of many, it is a little known fact that which end you smash your egg is a matter dealt with by law. Edward VI,…

Almost two million people in the UK have driven a car belonging to someone else in the mistaken belief that they were insured to do so, according to recent research. If caught, both the driver and car owner could be fined and have points added to their licence Mistaken belief The research, carried out on behalf of insurance provider LV, reveals that 2.2 million motorists have driven without insurance, with the majority of these (1.8 million) mistakenly believing they were insured at the time. Many motorists assume the insurance on the vehicle they are borrowing, or the insurance they have…

Business partnerships are just like marriages in many different ways. Partners enter into a partnership bright eyed and bushy tailed, full of hope and optimism for the future. Unfortunately, just like a marriage, partnerships can sometimes end in a bitter and acrimonious mess. It is imperative that before entering into a partnership, prospective partners sit down together and set out exactly what they want from the partnership. A partnership agreement is vital to ensure important issues are clearly articulated, including management of the partnership, retirement provisions, the handling of partnership disputes and how the dreaded dissolution and winding up of the partnership is dealt…

Many businesses are structured as incorporated bodies otherwise known as limited companies. Sometimes companies move locations, with a few outstanding bills. Those bills are never seen by staff or directors and remain unpaid. More often than not companies move around without properly notifying all creditors (businesses or individual to whom money is owed) of their movements and worst still delaying or failing to update the registered office information at Companies’ House. Creditors will chase up and send demands but often do get any response because the company is not at the old location anymore. In some cases the creditors serve…

Hiring a Solicitor Solicitors are some of the most highly regulated and monitored group of trained professionals in the UK. In order to stay in practice, they are normally required to register with a relevant governing body. Do not risk dealing with a solicitor who is not a member of any governing body. The Solicitor’s Experience Before hiring a solicitor, you need to find out more about his or her background. You need to work with a solicitor who has been in practice for more than 5 years. This will not only make you feel confident, but will also increase…

All those offering will writing and estate administration services should be regulated, the Legal Services Board has recommended. The LSB was set up to regulate lawyers in England and Wales. Its goal is to modernise the provision of legal services by putting consumers at the heart of the legal system, and it has released a proposal calling for regulation in the area of will writing, wills and estate administration. The LSB has recently switched its focus from looking at entry requirements to become a solicitor, to looking into the actual risks of lawyers’ activities and improving their regulation. In 2011,…

Buying a Business in the US Why is legal due diligence essential when buying a business in the US? An individual looking to buy a business in the US needs to know that he/she is getting value for the money being paid.  There are several key areas of concern that need to be reviewed by an attorney (and investigated as appropriate) to assist the Buyer in verifying what the Seller has, and is actually able to sell. Here are the typical areas of concern that legal review of a proposed transaction should evaluate. Business Entity – Whether buying assets or…

Personal injury solicitor firms do not provide compensation to their clients; they simply provide legal advice to their clients.