Archive for May, 2010

Redundancy Advice for Employers and Employees

Friday, May 14th, 2010

Redundancy is expected by many employers and employees in the current economic climate. However, it is something that has to be handled in a way that is best for both employer and employee.

The redundancy selection must be undiscriminating and benefit the employee as well as the company. Things to take into account when making fair redundancies can be the amount of time the employee has worked there or their ability to be able to adapt to a new position within the company.

Redundancy should be the very last measure taken by an employer and it can apply to one or a number of employees depending on how the business is coping in the financial down turn.

If a position within the company is no longer needed because the employer is making cut backs to allow for the recession, the employee must be offered an alternative job within the company and be able to work within the new environment for a period of 4 weeks before deciding if they would like to take the alternative or be made redundant.

Before the employer makes redundancies, they must inform The Department for Employment and Learning. This is so the employee receives the full notice period they are entitled to by law, which for 1 to 99 employees is 1 month, and for 100 or more is 90 days.

If an employee has worked within the company for 2 or more years and are made redundant they are entitled to redundancy pay.

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Posted in: Employment Law | No Comments »

Stamp Duty for First Time Buyers

Friday, May 14th, 2010

Alistair Darling could have became the darling of the first time buyer housing market by delivering what in general was a holding budget last month, although his extended and improved Stamp Duty Holiday for First Time Buyers may come as a welcome opportunity for those seeking to jump on the property ladder for the first time.

The first stamp duty holiday ended on 31st December last year, and that had an impact on both buyers and sellers wishing to move at the start of the year. The new, extended holiday now means that no stamp duty is payable by first time buyers on any property up to £250,000 in value. The holiday lasts for another two years which should help buyers confidence levels and also boost the market because more properties now fall into the ‘exempt’ category for first time buyers, improving choice, saving buyers money and expanding activity amongst different price levels.

Rempoving stamp duty for first time buyers wanting to buy up to £250,000 will mean significant cost savings on the tax can now be directed towards deposit funding for first time buyers which in turn means that more mortgage products may be within reach of most buyers.

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Posted in: Conveyancing | No Comments »

Credit Cards Misused by Police

Friday, May 14th, 2010

Some credit cards were issued to police officers for job expenses have been misused.

In 2003, the Metropolitan Police gave around 3,533 American Express credit cards to the staff and officers. However, 1,400 were then taken back after the met found they were being used for expenses that were not job related and couldn’t be accounted for. More credit cards were issued in 2006 to detectives in operations such as counter-terrorism and royalty protection etc.

In 2008, one sergeant detective was given a suspended 8 month sentence for 2 years after spending over £9000 on his credit card, and another was jailed for 10 months after spending £70,000 on his credit card. In both cases the money was not used as job expenses.
Now it seems that another 300 cases have come to light, 46 of which have turned into criminal investigations.

The Metropolitan Police Authority are appalled at the fact that police officers, who not only set an example to the community but are supposed to uphold the law, are actually breaking it and committing fraud.

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Posted in: Criminal Law | No Comments »

Wills & Probate Solicitor

Friday, May 14th, 2010

It is best to leave the definition of probate to Her Majesty’s Courts Service to here goes…

When a person dies somebody has to deal with their estate (money property and possessions left) by collecting in all the money, paying any debts and distributing what is left to those people entitled to it. Probate is the court’s authority; given to a person or persons to administer a deceased person’s estate and the document issued by the Probate Service is called a Grant of Representation. This document is usually required by the asset holders as proof to show the correct person or persons have the Probate Service’s authority to administer a deceased person’s estate.

Is a grant needed in all cases?

No – It may not be necessary to obtain a grant:

Where a home is held in joint names and is passing by survivorship to the other joint owner.

    Where a joint bank or building society account is held, production of a death certificate may be sufficient for the monies to be transferred to the joint holder.

      Certain institutions may release monies without a grant being produced if the amount held by the deceased was small. Apply to the institution to see if they will release monies without a grant.

        If the above circumstances do not apply or if the institutions concerned inform you that a grant of probate is, or letters of administration are, required you can choose to contact a solicitor who will arrange this for you.

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        Posted in: Probate Law | No Comments »

        Claim Compensation for Mis sold Mortgages

        Friday, May 14th, 2010

        Claims against Surveyors

        This could be where a valuer has negligently overvalued the property then you may claim the difference between the correct price and the overvalued price at the time of the valuation. Usually a discrepancy of 10% or more will be sufficient to show negligence.
        Claims relating to overvaluation or overestimation of rental returns

        This has been very common and sometimes estimated rental returns bear no resemblance to the real rents that can be achieved. It is possible to make a claim against a valuer who has prepared the valuation for the mortgage lender rather than you. Valuers have a duty to look at any discounts that have been given as this will often affect the value. For example, if numerous flats have been sold in a block with discounts and the Land Registry is showing the prices paid without discounts it is possible this information will give an inaccurate and inflated picture of the values.

        The reasons you or your clients may have a claim are so numerous that is best to give our Solicitor a chance to check the surveyors file.

        Claims against Solicitors

        This is appropriate when Solicitors have negligently advised on the purchase of the property, including:- 1. Not checking if the property will be used solely for residential, 2. Does what you are buying include all what you believe including car parking spaces etc. 3. etc. 4. etc.

        The reasons you or your clients may have a claim are so numerous that is best to give our Solicitor a chance to check the previous solicitors file.

        Claim Against Developers or their Builders

        Several questions arise, what have you bought? is the build acceptable? did you get a guarantee? is the guarantee worth suing on? is the developer worth suing? if they had a separate builder? if the developer is no longer trading? is the builder still trading? Your dissatisfaction needs checking.

        You should be aware that any claim against the developer might be hindered if the developer goes out of business. The advantage of a claim against a valuer or a solicitor is that they have insurance.

        It is best to give our Solicitors a chance to check all of your papers relating to your purchase and the papers relating to your subsequent problems.

        Claim Against a Middleman

        It is also possible you might have a claim against various ‘middle men’ including brokers and buying clubs where they have misled you and encouraged you to buy property. Time and time again we hear how buyers are told that they must act quickly as they are buying the ‘last flat’. Often agents will tell the buyer that they are the local experts and that the buyer should leave all the research to them. The buyer then finds that the agent has not told them about local conditions or features which make it difficult to rent out flats or affect the value of the property or rental yields.

        It is best to give our Solicitors a chance to check all of your papers relating to your purchase.

        Claims against Mortgage Brokers

        Are you in a mortgage relationship that is unsuitable for you. Some brokers, certainly not all, placed their own interests above yours.

        They may have put you in a “honeytrap” mortgage with a sub prime lender because they made more commission and you eventually lose out twice because not only do you get a dearer deal but when you want more finance you will be discriminated against, a double whammy.

        It is best to give our Solicitors a chance to check all of your papers relating to your mortgage.

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        Posted in: Professional Negligence | No Comments »

        Divorce Laws Outdated?

        Friday, May 14th, 2010

        Divorce laws in England and Wales are in desperate need of radical reform, Nicola Hesdon, Head of Family Law at Keith Park Solicitors, said today.

        Unfortunately, these days in modern Britain, divorce is common.  Although the law in this area has come a long way over the years, couples still have to point the finger of blame, if they are to obtain a successful divorce.  Nicola Hesdon commented “having to have an element of blame often gets in the way of successfully resolving the financial matters upon divorce.  It is extremely outdated”.

        Couples who want an immediate divorce have to prove that their spouse has, either behaved unreasonably or committed adultery.  More often than not, this creates animosity.

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        Posted in: Family Law | No Comments »

        Advice When Taking Out a Commercial Lease

        Thursday, May 13th, 2010

        People do not want to incur legal expenses if they can avoid it and may not take advice before entering into a lease or taking an assignment of an existing one. They may just read the document presented to them without fully understanding the implications of various ’standard’ clauses. I recently saw a client who had received a copy of a lease which included a standard obligation to comply with statutory requirements. The clause seems innocuous and reasonable enough.

        The property involved was a public house and he assumed the clause related to such things as complying with licensing laws. In our conversations it became apparent that the premises probably did not comply with the Disability Discrimination Act as regards access to the premises and to the toilets for disabled persons. The layout of the building was such that it could be difficult to adapt the building without significant cost. ‘Who would be responsible for that cost’ asked the client. He automatically assumed it would be the Landlord. When I pointed out that the the obligation on the tenant’s part to comply with statutory obligations would probably mean it was his responsiblity he was taken aback. Needless to say he wanted to think further about taking on such a potential obligation.

        Had he not sought legal advice he could have been saddled with an obligation he did not expect which would be far more costly than any legal advice.

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        Posted in: Commercial Law | No Comments »

        Car Accidents and Personal Injury Claims

        Thursday, May 13th, 2010

        There are 31 million cars in the UK, and this figure is growing every year, with 71% of the population having driving licences – more than ever before.  Whether people are travelling to work, to the shops, to schools or on holiday, cars are the transport option of choice.

        With the popularity of cars growing, people are putting themselves in danger when they get behind the wheel.

        Over 290,000 injuries are caused by car accidents every year in the UK, the main cause being human error, which accounts for 95% of road accidents.

        We have a range of services that we offer to people who have been injured in a road accident that was not their fault:

        Compensation expertise from personal injury solicitors who specialise in a range of injuries, including whiplash, head injuries and back injuries.

        * Free replacement car
        * Free vehicle repairs
        * Free legal advice and assistance for both car accident and motorcycle accident casualties

        The chances are high that a driver will be involved in a car accident sometime in their driving life, whether it is their fault or not.  We help people who have been injured in a car accident that was someone else’s fault get compensation for their injuries and for the financial losses they have suffered.

        Cost-free compensation

        We understand that many people worry about the costs incurred by legal proceedings, but you undertake no financial risks when making a compensation claim with us. You will not be asked to take out a loan, and you will not be liable to pay any costs or fees whatsoever, whatever the outcome of your car accident claim.

        Some companies can take up to 40% of your compensation in deductions. We guarantee you will receive every penny of the compensation you are awarded – no deductions.

        Free legal advice after a car accident

        If you have been involved in a car accident that was not your fault, take advantage of our free, no obligation legal advice. We will give you a free claim assessment and answer any questions you may have about making a car accident claim.

        To find out more about making a no win, no fee compensation claim with the car accident experts, get in touch with us today. We’re here to help you 24 hours a day and will gladly answer any questions you may have.

        If you have been injured in a car accident that was not your fault, we can help you get compensation for your injuries and the losses you have suffered as a result of the accident.

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        Posted in: Personal Injury | No Comments »