What are Particulars of Claim?
The Particulars of Claim provide the claimant’s statement of case in personal injury and clinical negligence claims. They set out the factual and legal basis upon which the claimant is seeking to claim against the defendant. Particulars of Claim are required under the Civil Procedure Rules (CPR) to start the claim proceedings. What is included […]
RIDDOR Regulations – Reporting Accidents at Work
The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR) sets out the guidelines and requirements of responsible parties, such as employers, to record and report work-related incidents. Who is responsible for reporting under the RIDDOR regulations? Any employer who is in control of and responsible for a work premises is required to report […]
Practice Direction on Pre Action Conduct
A Practice Direction contains practical advice on how to interpret the Civil Procedural Rules (CPR). In England and Wales civil litigation is governed by the Civil Procedure Rules (‘CPR’). These represent a single code of rules setting out how a claim is to be conducted by parties in civil proceedings. The rules apply across all […]
What is Whistleblowing (A Short Guide!)
The law on whistleblowing is there to ensure that if someone sees something wrong in the workplace, they are able to raise this within their organisation, or to a regulator, or wider, without jeopardising their job security. What is whistleblowing in the workplace? Whistleblowing is the term used when an employee or worker reports certain […]
Employers’ Liability: Your Health & Safety Responsibilities
As an employer, if you fail to take reasonable steps to ensure a safe working environment, and an employee is injured or suffers illness as a result, you may find yourself defending a claim for compensation. The following guide looks briefly at the law relating to employers liability claims and, in turn, what steps can […]
How to Make a SAR Request
The following guide sets out how to make a SAR request and what you should expect from the organisation you’re requesting the information from. What is a SAR request? By law you have a right to find out if any company or organisation is using or storing your personal data, and to be provided with […]
Child Arrangements Order Breach: Enforcing Your Rights
A breach of a child arrangements order is where one party has failed to comply with a condition specified in that order. This may be a relatively minor breach, or a culmination of breaches, for example, failing to adhere to set times for contact to take place. The breach may, however, be much more serious, […]
Minimum Working Temperature – What the Law Says!
Under the Workplace (Health, Safety and Welfare) Regulations 1992, employers are required to keep the temperature in the workplace to a ‘reasonable’ level. In practice, what would be classed as ‘reasonable’? Minimum working temperature There is no set minimum working temperature, however, the Workplace regulations suggest that the general minimum working temperature should be 16 […]
Paternity Test FAQs
There are a number of reasons why you may seek a paternity test, from a dispute over child maintenance to securing child contact through the courts. Whether you have decided to get a paternity test for peace of mind, or a test has been ordered by the Child Maintenance Service or the courts, this guide […]
Professional Negligence Pre Action Protocol (How to Comply)
The professional negligence pre action protocol applies in the event a claim is made against a professional as a result of their alleged negligence or equivalent breach of contract or breach of fiduciary duty. What is the professional negligence pre-action protocol? In England and Wales civil litigation is governed by the Civil Procedure Rules (or […]
ACAS Holiday Pay (Your Entitlement!)
The majority of workers, whether employed on a part time or full time basis, are entitled to holiday pay each year, including most agency and freelance workers, under the Working Time Regulations 1998 (amended in 2003), Employment Rights Act 1996 and the ACAS Codes of Practice. How much holiday pay are you entitled to? To […]
Divorce in England & Wales: What Does the Law Say?
Divorce is the formal process by which a marriage is officially brought to an end by the court. The party to the marriage who files for divorce is known as the petitioner, while the respondent is the individual petitioned against and therefore responding to those proceedings. By filing a petition to terminate the marriage, the […]
How Does the Claims Portal Work?
The Claims Portal is an online tool for securely processing low value personal injury claims in road traffic accidents, or employers’ and public liability claims. Strict Civil Procedure Rules (CPR) apply to running such claims, requiring parties to follow specific procedural steps and imposing tight deadlines within a framework of low fixed costs. Within this […]
How to Make an Application to Vary a Child Arrangement Order
While a child arrangement order is most commonly sought by one or both parents following a separation, there may be circumstances where the non-biological parent of a child, another relative or the child’s legal guardian may seek to change an existing order. This may be because one or both parents or legal guardians have passed […]
Grounds for Civil Partnership Dissolution
To apply for a civil partnership dissolution, you must provide the court with relevant legal grounds for the partnership to be brought to an end. Grounds for civil partnership dissolution In England and Wales, as with divorce, there is no system of no-fault dissolution. You cannot simply state that you have fallen out of love […]
What Does Domicile Mean?
‘Domicile’ and ‘residency’ are terms often used interchangeably, but for legal and taxation purposes in the UK, they are separate and distinct. Domicile is a legal concept that describes the country in which you officially have, or you believe to have, your real or permanent home. This is not, however, the same as ‘residence’. Residence […]
Assent of Property to Transfer Ownership
An assent of property is the transfer of legal ownership of property or land by the personal representative(s) of the estate of someone who has died to the beneficiary or beneficiaries. Unlike transfers under the conveyancing process, there is no sale or purchase price under an assent. This is because an assent only applies where […]
Buying a Leasehold Property (and the Legal Considerations!)
Purchasing a leasehold property can involve a number of risks. Here are some key legal considerations if you are considering buying a leasehold property. What is a leasehold? If you buy a leasehold, you will not own the property or the land on which its stands. As a leaseholder, owning the leasehold to […]
What does RIDDOR stand for?
A common health and safety question asked by employers is “What does RIDDOR stand for?” RIDDOR refers to the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013, which place a legal duty on employers and other individuals responsible for work premises to report and keep records of certain serious workplace accidents, occupational diseases and […]
Notice Periods (Your Questions Answered!)
Your notice period refers to the time between the date you formally advise your employer that you resign and the date your contract of employment will officially end. [toc] Before resigning from employment, you will need to ensure you are complying with the legal requirements on you to resign with the relevant notice period. How do […]