Are you involved in a child or finance related proceeding and wondering whether mediation is worth it and will work? In the video below, family law solicitor Melanie Davis explains what mediation is, when it is required and the different types. Some points to think about are: You have to...

Brindley Twist Tafft & James has once again been recognised by the Legal 500 with both Corporate and Commercial and Clinical Negligence departments receiving recognition. The Legal 500 is an independent directory and is seen as the leading guide to law firms and solicitors across the...

I have recently found that for some reason, child proceedings which have started many years ago, keep returning to Court. Recently I had a case where we managed to agree a Final Order at the First Hearing which the parties were really pleased with, the Court supported it, along with CAFCASS and it...

You will recall that I recently recorded a video on the possibility of reform in divorce law.  This was following a recent case of Owens v Owens which was, at the time of recording the video, being decided in the Supreme Court.  We now have judgment of the case.  The court have ruled that the 68...

If you are a grandparent who feels that you are being stopped from seeing your grandchild, the European Court of Justice has made a decision which affects child contact with grandparents and also extends potential contact to wider family members. In my video below, I examine this decision and...

Divorce law hasn't altered in 45 years and in my video below I examine whether it should now be changed.   At present, you need to rely on 1 of 5 facts that are listed in the Matriomonial Causes Act 1973. It is "unreasonable behaviour" in particular which can cause problems. The...

SFE, a national and independent organisation which provides specialist legal advice for older and vulnerable people along with their carers and families, have highlighted some worrying statistics in their latest media campaign. They have found that 97% of people are leaving health and welfare...

Do you need help with constructive dismissal? Perhaps you feel bullied or forced out of your job? Constructive dismissal is where you have not been directly dismissed but where your contract of employment has been fundamentally breached by your employer and as a result, you resign. In my...

Do you need help with a settlement agreement? Perhaps you have been asked to sign one because your employer wants to terminate your employment in exchange for a sum of money? In my video below, I look at some of the key elements of a settlement agreement.  Some things for you to consider...

Do you need to find out more about Disciplinary Proceedings and do you understand the process following allegations of misconduct or poor performance? In my video below, I go through the main steps of Disciplinary Proceedings including: Investigation The invitation to the disciplinary...

Do you have a child arrangements order in place and is it working? Or are you frustrated because you have one in place but found that the other person breaches is?   In my latest video I explore what happens when someone breaches a child arrangements order and I take a look at what...

Staff Christmas parties can be a great way to reward staff and boost morale but alcohol-induced behaviour can also land employers and employees in the Employment Tribunal. What might appear to be an employee having a bit of fun or a risqué joke, after a drink or four, could, in fact, give rise...

On Wednesday 22 November 2017 Richard Stanford, of Brindley Twist Tafft & James, and Adam Weitzman QC concluded what is believed to be a unique case in Clinical Negligence. BG had filed a living will/advance directive in 2004 with her local hospital, essentially confirming she did not wish...

If you are living with your partner, but not married, do you know what your rights are if the relationship breaks down? In my video below, I take you through what a cohabitation agreement is and why you may need it. Some key points for you to think about for a cohabitation agreement are: ...

There has been a lot of press recently about Lasting Powers of Attorney (LPAs). First there was Denzil Lush, the former Senior Judge of the Court of Protection who, as was reported in the Financial Times, said that people should be far more aware of the risks involved in power of attorney...

Case: Dhaliwal v Hussain and another [2017] EWHC 2655 (Ch) (31 October 2017) (Bailii)   John Ward, Partner at Brindley Twist Tafft & James, has successfully represented a claimant in a reported Fraudulent Misrepresentation case. The case concerned the sale of a dental practice and...

I act for many clients who are disgruntled about the fact that the non-resident parent has failed to pay them child maintenance either on time or at all.  This can be extremely difficult for single parents who are struggling to meet the children’s needs.  Now the Department for Work and...

Are you a step parent who wants to adopt your partner’s child? In my video below, I go through the main steps involved in the adoption process.  Some key things for you to consider are: You must have the child living with you for at least 6 months before you can make an application...

Are you starting to think about how you can see your child on Christmas Day? I know for parents that this is one of the most important things in the year to sort out. In the video below I address some key things to think about.  These include: Arrangements should be made in advance if...

Welcome to our Autumn Employment Law Update which provides an update on the following areas:   Suspension – is it a neutral act? Voluntary overtime and holiday pay Monitoring workers’ emails   Suspension – is it a neutral act?  The High Court in...

When the majority of people get around to making their Will consideration is routinely given to who they would want to inherit such assets as property, savings, shareholdings and personal belongings. In this day and age, however, when so much of our personal and professional lives play out online...

National Statistics show that small businesses accounted for 99.3% of all private sector businesses in the UK at the start of 2016, with small to medium sized enterprises accounting for at least 99% of the businesses in every main industry sector.   A recent report published by the Legal...

If you are a tenant and have received a Section 8 or Section 21 notice, it must be in the prescribed form and not simply via letter. If the notice is not in the format required then it is invalid and it is likely the landlord’s claim for possession will fail. It is therefore vital that you check...

A break clause is a provision in a lease which enables either the landlord or the tenant (or both) to end the lease early and is a useful tool to successfully bring a lease to end without needing to wait for the contractual term of the lease to expire.   Landlords or Tenants (as the...

Brindley Twist Tafft & James has once again secured membership to the Law Society's Conveyancing Quality Scheme (CQS).  The firm first obtained accreditation in January 2012 and BTTJ underwent rigorous assessment by the Law Society in order to continue to hold CQS status. Law Society...

It is necessary for landlords to follow the correct procedure at the beginning of every tenancy, providing their tenants with a number of different documents and ensuring they have complied with the relevant legislation. Failure to comply with these requirements may have a significant impact on the...

If you are on sick leave, your employer is likely to keep your absence under review. Depending upon the length of your absence, you may find that your employer will consider terminating your employment on the grounds of your incapacity.   If you have been continuously employed for two...

The question of redundancy pay entitlement can arise, particularly when the new premises are not within the immediate vicinity of the old place of work. Locally, we have the example of The Royal Institute of Chartered Surveyors (RICS) which is relocating from its Coventry premises to Birmingham...

Sending, or “serving” as it is formally called, a section 21 notice is only the first step to evicting a tenant after the end of a fixed term.   After making sure you have served the correct notice (find out more here)  you must then wait the appropriate period of time before...

You know you need to evict your tenant and you know you need to send (formally referred to as “serve”) a notice but which one?   There are essentially three types of notice: a section 8 notice, a section 21 notice, and a notice to quit. Which notice you will need depends on the type...

A lot of employment claims feature allegations of bullying and harassment. The terms “bullying” and “harassment” are often used interchangeably to describe behaviour which is intimidating, hostile or humiliating. Quite often with bullying, there will be an abuse of power; either because the...

A redundancy situation is where there is:  a business closure, a workplace closure or where there is a reduced need for workers to do a particular kind of work. If you are being made redundant, you are entitled to notice of termination of employment but what other rights do you...

Settlement Agreements are agreements which can be used to waive employment claims which you may have against your employer. Usually this will involve the termination of your employment and a sum of money paid to you to settle your employment claims.   In addition to written terms about...

The Court of Appeal has upheld the decision of an Employment Tribunal that a plumber, was a worker and not self-employed.   This case follows an ever growing line of cases where the Courts have decided that certain people in the “gig” economy are workers even if they file tax returns...

The case of Ms Thorp’s treatment in the workplace has been well publicised. Ms Thorp reported for her first day of work as a receptionist at a firm in the City, wearing smart flat shoes. She was informed by the agency which employed her that she needed to buy shoes with a heel between 2-4 inches...

It is never nice entering into a relationship thinking about what happens if it breaks down, but sometimes it makes sense to plan ahead. Unmarried couples have no rights against the other, so do not put yourself in a position where you could leave a relationship with nothing, when it could be...

It is usually fathers who ask me what their rights are after they leave the family home, and whether because they are not the main carer, does this mean they have no say on their children’s education. The  simple answer is no. Whether you are a child’s mother or father, if you have parental...

Welcome to our Winter Employment Law Update which provides an update on the following areas:   Citysprint – bicycle couriers are workers Working Time – rest breaks Settlement agreements – mental capacity required   Citysprint – bicycle couriers are...

It’s at this time of year that people start thinking about summer holidays and booking whatever is available after the mad rush. When you are thinking of taking your children abroad though, there is a lot to think about, especially when there are child arrangements in...

We live in an age where you do not have to put up with anything now and why should you? Everyone has a say and although it can be difficult to discuss your personal life with a stranger, it may be the best thing you do.   There is a stereotype that wives only get abused at home, but this...

Any parent will say that the most important thing in their life is their children.  You would do anything for them and so for anyone to tell you that you cannot see them anymore is life changing.   I find that over Christmas non-resident parents often do not get the contact that they...

We have all been through a relationship breakdown. Initially you wonder if you can resolve any issues and try again, but it can be so difficult when the damage is already done. My clients often ask me whether they should attend counselling, separate or just apply for a divorce straightaway. It is...

You say tomayto, I say tomahto … but a solicitor and a barrister really aren't two words for the same thing. Nevertheless, I find that clients are often confused with the difference between barristers and solicitors and at what point they need the services of each.   In brief,...

Though it may be a myth that there are more relationship breakdowns over the festive period, I do find that I open more new files in January than at any other time of the year. On the approach to the festive season then, I hope this blog might offer some insight to couples who are...

What's the point of making a will if your loved ones don't know where to find it when you die?  In a recent survey, 67% of people did not know where to find their parents' wills.  Every firm I know holds wills of people who have died - wills that were never collected by the deceased person's...

Whilst office Christmas parties can be a great way to reward staff and boost morale, alcohol-induced behaviour can also land employers in the Employment Tribunal.   What might appear to be an employee having a bit of fun or a risqué joke, after a drink or four, could, in fact, give rise...

Divorce is a legal process, which is carried out by the Family courts. The procedure begins with a divorce petition and ends with a decree absolute, which dissolves the marriage.   1) When can you issue a petition? You cannot issue a divorce petition unless you have been married for...

Welcome to our Employment Law Update which is the first bulletin by our new Employment Solicitor, Julia Woodhouse. We are delighted that Julia, who has a wealth of HR and Employment law experience, has joined Brindley Twist Tafft & James LLP. The Bulletin covers the following: Morrisons...

More emphasis is being put on what will happen to our digital assets after we die. How best can we secure passwords, music files and photo folders? Consideration is being given in the United States to making changes to existing laws on Wills to incorporate people's online lives.   Is...

National Minimum Wage ('NMW') has been in force since 1999 and it imposes a legal requirement upon employers to provide a minimum rate of pay. Presently this is set at £6.31 for people 21 and older, £5.03 for people aged 18-20, £3.72 for people aged 16-17, and £2.68 for apprentices aged under...

Additional Liabilities for Employers. Over the past 24 hours the media has been in frenzy over the issue of the calculation of Holiday Pay following the judgement handed down by the Employment Appeals Tribunal yesterday, 4 November 2014. The Judgement concerns a test case arising from on a...

The Association of Personal Injury Lawyers (APIL) has been fighting for the rights of injured people for over 25 years. A not-for-profit campaign organisation, APIL's member lawyers are dedicated to changing the law, protecting and enhancing access to justice and improving the services provided for...

If you already have a Will you'll be aware that it deals with your estate (your money, possessions and property) after you die. So having a Will should mean that your estate passes in accordance with your wishes and that it will be much easier for your family (or friends) to sort everything out....

It is now commonly understood and accepted that there is a ban on people within the UK smoking within public buildings, or within a set distance from their entrances. Failure to abide by this can lead to hefty fines being imposed upon the person breaching the rules and any organisation that does...

As we all now know, the UK made the momentous decision to leave the EU on 23 June. What does this mean for employment law in the UK?   UK laws originating from the EU Much of UK employment law originates from EU law eg discrimination, certain family friendly rights,working time,...

International Contact Dispute P (A Child) [2015] EWCA Civ 1428 (Court of Appeal) I represented father in this lengthy child care dispute surrounding his daughter, which eventually concluded in the Court of Appeal in late November 2015, and was recorded in the Law Reports this...

Cheryl Fernandez-Versini is worth around £20 million and yet she allegedly did not have a prenuptial agreement before marrying Jean-Bernard. Now she has issued divorce proceedings, she is going to really wish she had one in place. Prenuptial agreements can provide a measure of certainty and the...

If you already have a Will you'll be aware that it deals with your estate (your money, possessions and property) after you die. So having a Will should mean that your estate passes in accordance with your wishes and that it will be much easier for your family (or friends) to sort everything out....

Consumer law is changing as the new Consumer Rights Act comes into force from the 1st October 2015. The Consumer Rights Act 2015 will replace a number of laws with regard to business-to-consumer transactions, including the Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982,...

Holiday Pay: Recent Developments. In recent years there have been a series of developments in the calculation of Holiday Pay. Much of the confusion arises from the wording of the Working Time Regulations ('WTR'), and the reference to any payments during periods of annual leave being calculated...

When a claim is brought at court, the court will allocate it to one of three 'tracks'; the small claims track, the fast track and the multi-track. The small claims track is supposed to be a proportionate method of dealing with straightforward cases of limited value. As you will see, this does not...

Trusts are a way of looking after assets for people.   What is a trust? A trust is a legal arrangement where one or more 'trustees' are made legally responsible for holding assets. The assets - such as land, money, buildings, shares or even antiques - are placed in trust for the...

If you are a Landlord, one of the things you need to be very careful of is ensuring that, should you need to evict your tenant, you do so in the right way. This is because, under the Protection from Eviction Act 1977, failure to do so could result in your committing an offence and being liable to...

I Have Been Involved in a Road Accident with an Uninsured Driver. Can I Make a Claim Against Them? Yes, you can claim against the The Motor Insurers' Bureau (MIB). The MIB is funded through insurance premiums paid by insured motorists through a monthly levy on motor insurers. If you, the...

It sounds like the start of a joke, right?   For many employers getting to grips with what a fit note actually does is far from easy, and on face value they may think that such documents are in fact a joke; whilst some such notes simply say that the employee is unable to work, and are...

At BTTJ we assist many clients to purchase a property through an auction. There can be some pitfalls involved with buying at auction and so to avoid being "stung", please read our article on what to look out for.   1. Auctioneers If you have seen a property you like, contact the...

What is a Winding up Petition? A winding up petition can be brought by a creditor on the grounds that the company has become unable to pay its debts. It is also possible for the company's own directors and shareholders to issue a winding up petition and for other people such as the Secretary...

On the 6th April 2014, new rules came into force concerning a method of enforcement to recover rent arrears. Under the rules, rental arrears can be recovered by seizing tenant's goods and selling them for an equivalent value to the arrears. This new procedure, called the commercial rent arrears...

If you buy Solar Panels outright, you do benefit from free electricity and can sell the surplus to electricity suppliers under a Feed in Tariff however the initial outlay can be quite costly. What usually happens however is the solar panel provider takes a lease of your roof (usually for a 25...

Tension is building in the air, the athletes are ready to play and their fans are ready to shout and cheer them on to glory; The FIFA World Cup 2014, hosted by Brazil, is due to kick off an get into full swing on 12 June 2014. For many it's a time to kick back and enjoy the "beautiful...

The simple answer is "yes". Many people may not realise that they have a potential personal injury claim when bitten by someone else's dog in a public place.   Criminal proceedings are often brought by the police against the dog owner under Section 3(1) of the Dangerous Dogs Act 1991...

Whenever an employee finds their employment terminated, whether by reason of redundancy or under a compromise agreement there are taxation issues which arise. The Question is what is taxable? This brief article will focus only on the right to Notice and/or a 'Payment in lieu of notice'...

Step 1: Is there a genuine redundancy situation? Step 2: Consider pool(s) and selection criteria and list out any alternatives to Redundancy Step 3: If appropriate, notify the Secretary of State and begin collective consultation Step 4: First meeting: Pool of Employees Step 5: First...

Mortgage contracts contain a clause that provides that should a borrower fail to make their scheduled payments, the lender can take possession of the property. Once they have possession, a sale will follow to repay the outstanding mortgage and costs. If there is a surplus, that will be paid to the...

Alternative Dispute Resolution (ADR) is a broad term which covers methods of resolving disputes that do not involve going to court.   There are three commonly used methods; Negotiation Mediation Arbitration   Why use ADR; The Court generally encourages the use...

Firstly, what forms part of the contract of employment for a medical professional? Doctors generally will have: 1. Their written contracts of employment, and; 2. The policies and procedures of the Trust by which they are employed, and; 3. The MHPS Framework. Specialist Registrars may...

Enforceable or just a waste of paper? The general position in respect of any restriction on trade is that it will be unenforceable. However, in employment and commercial law, there is an exception to this rule. In certain circumstances clauses restricting a person's or a company's actions...

The Business Minister has announced a number of proposals designed to reduce the cost of insolvency procedures. Business Minister, Jenny Willott, has announced a number of measures designed to streamline and reduce the cost of insolvency procedures which could benefit creditors by £30 million a...

At BTTJ we assist many clients with transferring the legal ownership of their properties. There are many reasons why our clients wish to do this: Marriage When two people get married/cohabit and already own a property, they may wish for the property to be held in joint names ...

Divorce is a legal process, which is carried out by the Family courts. The procedure begins with a divorce petition and ends with a decree absolute, which dissolves the marriage.   1) When can you issue a petition? You cannot issue a divorce petition unless you have been married for...

The government has made changes to personal injury claims as a result of the Legal Aid Sentencing and Punishment of Offenders Act (LASPO) which came into force on 1 April 2013.   Success fee The successful Claimant can no longer recover any success fee from the Defendant. Before the...

Brindley Twist Tafft and James hold a Legal Services Commission franchise which allows us to offer Legal Aid in appropriate circumstances to investigate matters of Clinical Negligence. Those circumstances include clients with very limited means who may not be able to have their treatment...

2013 is set to be a very busy year for litigators with a number changes being made to the civil claims process. Reforms coming into effect on 1 April 2013 as part of the Legal Aid, Sentencing and Punishment of Offenders (LASPO) will change the way that solicitors can package finance for litigation...

As of April 2013, the availability of Legal Aid for family law matters has been significantly reduced. Unless you are unfortunate enough to be able to show that domestic violence has occurred, people who would have previously qualified for assistance will almost certainly no longer do...

For many employers there will be, on occasion, a question arise over what Holiday their employees and workers maybe entitled to during a period of sickness, or vice versa. So what are the Rules on Holiday and the inter-relation with Sick Leave?   Firstly, an employer must note that...

In the recent case of Lavin and others v Swindell [2012] EWHC 2398(Ch) (23 August 2012) the High Court has confirmed that pursuant to paragraph 55 of Schedule B1 to the Insolvency Act 1986 (the "Act") the Administrator has a duty to apply to the court for directions where the initial creditors'...

•1. Pull over where it is safe to do so and speak to all parties involved in the accident. You need to ascertain the following details( you are required to exchange details by law) : a. Name of third party/parties b. Address of thid party/parties c. Contact telephone numbers of third...

Increasingly, parties are choosing to act in person in civil proceedings. This is a trend that is likely to continue given impending legal aid cuts, due April 2013, and likely to expand exponentially should the Small Claims Track limit be increased to £10,000 or £15,000, as has been...

OCCUPIER’S LIABILITY I have just slipped on yoghurt in a supermarket and sustained serious injuries; can I make a claim against the supermarket? Yes you can. When you are on private property such as shops, restaurants, offices, parks, leisure facilities, public paths, schools and...

1. What is an order for sale? An Order for sale is a way to enforce a Charging Order. It is an order granting the chargeholder the right to take possession of the property and then to sell it in order to recover the monies secured by their charge. Order for sale proceedings are governed by Part...

The government finally succeeded last month in pushing through its proposals, despite encountering many setbacks from its original plan (including changing the name) to create "employee-shareholders". They are likely to come into force in September 2013   The Government has effectively...

Unreasonable delay by a Claimant in commencing proceedings was a 'relevant factor' in determining an application for permission to extend the time for service of Particulars of Claim, in the recent case of Venulum Property Investments Limited v Space Architecture Limited and Others [2013] EWHC 1242...

Employment Tribunal Statistics:   What do they show us about the Employment Tribunals in England and Wales? The Employment Tribunal have published their statistics for the year 2012/13, and can be found here:...

I have been injured as a result of a collision with a third party vehicle who then left the scene. Can I claim for vehicle damage and personal injury? The Motor Insurers' Bureau (MIB) can deal with your claim under the 2003 Untraced Driver's Agreement (as amended). The claim must be brought...

On 27th November 2012 a new scheme for criminal injuries compensation in England, Scotland & Wales was introduced.   If you wish to pursue a claim for criminal injuries compensation, the claim will be processed via the new scheme. The new scheme will no longer provide any level of...

PENSION CHANGES FROM OCTOBER 2012. As the population in the UK continues to grow quickly and against a background of advances in technology, medical treatment and our lifestyles generally, we are all living longer. The effect is a growing aging population reliant in its retirement largely on an...

When unmarried couples involved in a long term relationship separate, one issue that may arise is that of property ownership. If the couple have bought a house together,to whom does it belong? Legally, if the house is in both parties' names, they both hold the legal title to it. The issue...

CHANGES IN EMPLOYMENT LAW: EFFECTIVE FROM APRIL 2012 As you will be aware, most employment law changes occur in either April or October each year, and this year is no different. Therefore in order to assist you in complying with the changes, they are set out below, together with details as to...

Being involved in litigation can be a daunting time for the parties. In this Guide we provide a general overview of the key stages that a typical civil case may go through from proceedings being commenced through to the case going to trial. Stage 1: Commencing a claim In most cases the...

Yes, if you have suffered an injury as a result of an accident at work you may be entitled to compensation. Understandably, you may be worried about losing your job or being treated differently as a result of bringing a claim. You may think that your employer cannot afford to pay you compensation...

I have tripped over an uneven paving slab and fallen onto my left side hurting my hip. Can I make a claim? Duty Under Section 41 Highways Act 1980 your local council have a duty to maintain the highways and keep them safe from any hazards that may cause a member of the public to trip or...

Question: I'm a tenant and I have just received an eviction notice from my Landlord's Bank (the "Bank"). My Landlord has not been paying the mortgage and now the Bank have obtained a possession order to repossess the property. What are my rights? Answer: The starting point is to check whether...

What is it? A transfer of undertakings occurs either where: a) a third party buys or acquires part of the a business, or b) there is a change in a provision of services and the business either: c) engages contractors to carry out the work, or part of the work, that it previously carried...

A competitor has recently started using a logo that is very similar to our business logo, without our consent. The logo is not registered as a design right. What can I do to protect my business and stop my competitor from continuing to use the logo? You may have a claim for passing off if...

Transfer of Undertakings: What is it and How Does it Affect Employees? What is it?   A transfer of undertakings occurs either where: a) a third party buys or acquires part of the a business, or b) there is a change in a provision of services and the business either: a....

As most Employers will be aware, when a woman goes off on maternity leave she is entitled to retain all of her normal contractual rights and benefits, save for her rate of remuneration. Instead of receiving her normal wages, she will receive a Statutory Maternity Payment, or an enhanced...

Many of you may remember that the recent Tory idea of being able to dismiss someone without any fault was mooted and dismissed by Parliament late last year. Against that background we now have Settlement Agreements, and ACAS has published its draft guidance on them; it is useful to consider what...

The recent case of BNY Corporate Trustee Services Ltd v Eurosail-UK* will be of interest to company directors, companies, financial institutions and insolvency practitioners as the Supreme Court provided guidance on how to apply the test for insolvency set out in s. 123(2) of the Insolvency Act...

Employment Tribunal Claims will almost certainly lead to parties being confronted with evidence and opinion which they do not like or agree with, and which has potential to cause significant offence. As the majority of claims occur following the termination of employment the practical effect of...

What is CICA? CICA is a government funded scheme which enables victims of crime to receive compensation for their injuries. You can also claim for loss of earnings if you have been off work for at least 6 months. Road traffic offences and damages for loss of property are excluded. The current...