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Articles by Andrew John

• TUPE and the Transfer Of Undertakings
  What happens if the business or company you work for is taken over? Is your job secure and will you have the same employment rights? The Transfer of Undertakings Regulations or TUPEs ensure that your new employer will largely step into the shoes of your old but this article explains exactly what will be the position
  Published 11Feb2011, viewed 222 times

• Security for Costs
  Asking the Court to make a security costs order is a useful tactic if you are faced with a claim by a Claimant living abroad or with obvious financial difficulties. This Article discusses the circumstances in which a security for costs order will be made
  Published 12Dec2010, viewed 179 times

• Child Support and Liability Orders
  Do we have a system of justice in the UK where you can be sent to prison or lose your home simply because someone says you owe money. Where you are not allowed to answer the allegation and where a court order is made against you without allowing you the chance to reply. If you doubt that this is the case read this article by a UK Lawyer.
  Published 11Dec2010, viewed 318 times

• Paternity and Paternity Testing
  When a father (or a mother) is uncertain as to a child's paternity then they may apply to a court for it to be determined. This article describes the procedure and how the court will deal with an application for the determination of paternity.
  Published 11Dec2010, viewed 171 times

• Accidents Caused by Children
  If you are injured or suffer loss or damage through the actions of a child can you make a claim. And if your child causes an accident who might be liable. This Article considers the legal position.
  Published 11Dec2010, viewed 185 times

• Protective Costs Orders in the UK Courts
  When the Court makes a Protected Costs Order, the Party in whose favour it is made will not be liable for the other sides costs even if he loses the claim. This Article describes the circumstances under which an Order will be made
  Published 11Dec2010, viewed 456 times

• Without Prejudice. What Does it Really Mean?
  What is meant by 'without prejudice'. Many people think they know. It means that 'without prejudice' correspondence cannot be shown to a court and used in evidence. Wrong. This article written by a UK Lawyer discusses the limitations of the without prejudice rule.
  Published 18Nov2010, viewed 535 times

• Varying and Setting Aside Matrimonial Orders. Part 1
  Often financial circumstances change after an order has been made in divorce proceedings. What was ordered is no longer fair for one or other of the parties. This article by an experience UK divorce lawyer looks at whether the court will vary or set aside it's original order.
  Published 18Nov2010, viewed 397 times

• Domestic Violence Towards Men
  Domestic Violence is not only towards women. There are more and more incidents of women being violent towards their husbands or boyfriends. This article by an experienced UK lawyer looks at the problem
  Published 18Nov2010, viewed 249 times

• Do Contracts Need to be in Writing?
  How enforcible are verbal contracts and will the court enforce an agreement that is not in writing. This article looks at the problems which can arise with oral contracts and how disputes are resolved.
  Published 30Oct2010, viewed 935 times

• Unenforceable Credit Agreements: Part 3. Lenders Remedies
  This third of a series of articles on when a credit agreement may be unenforcible deals with possible action by a lender when the agreement cannot be enforced.
  Published 29Oct2010, viewed 213 times

• Costs and the Litigant In Person
  What costs can a litigant in person claim if he wins a court case? Can he recover anything for the time and money spent from the losing party? This article explains.
  Published 28Oct2010, viewed 530 times

• Is it Possible To Have a Credit Agreement Declared Void?:Part 2
  The second part of this three-part series of articles on whether a credit agreement may be unenforceable deals with the requirements and terms which must be included in an agreement if it is to be enforceable.
  Published 27Oct2010, viewed 430 times

• The New 'Fit Note' Regulations
  Fit Notes have now replaced the old system of Sick Notes in which a GP certifies whether a person is fit to work. Unlike their predecessor they do much more than entitle a person to sickness benefit. This article explains.
  Published 27Oct2010, viewed 420 times

• Abandoned or Uncollected Goods
  What do you do if someone has left property with you or on your premises and do not collect it. Are you allowed to sell it or throw it away? This article explains the requirements of an 'involuntary bailee'
  Published 27Oct2010, viewed 588 times

• Is it Possible To Have a Credit Agreement Declared Void
  In the real world, if you borrow money on a credit card or loan agreement, can the agreement be declared void and invalid so that you do not have to pay the money back. In the first part of a two-part series a UK lawyer considers the position where the lender is unable to produce the original loan agreement.
  Published 14Oct2010, viewed 525 times

• Injury Claims By Cyclists Not Wearing Helmets
  Will a cyclist be taken to have contributed to an injury which was not his fault if he was not wearing a helmet although there is no law that he does so.
  Published 29Sep2010, viewed 204 times

• McKenzie Friends
  A McKenzie friend is a lay person who accompanies a litigant to a court hearing and assists him with the case. Their use has increased dramatically in recent years as more and more people act for themselves without instructing lawyers. They are generally accepted by the courts but there can be problems. This article reviews the position.
  Published 27Sep2010, viewed 180 times

• Restrictions on the Making of Further Applications to a Court
  Section 91(4)of the Children Act 1989 gives a court the power to prevent a person from making any further applications to the court concerning a child. This article discusses when such an order will be made.
  Published 26Sep2010, viewed 156 times

• Personal Injury Awards and Divorce.
  Can money received by one spouse from a personal injury claim be claimed by the other spouse in divorce proceedings. And when injuries sustained in an accident result in the breakdown of a marriage can compensation for that be claimed. This article considers the law and answers these questions.
  Published 25Sep2010, viewed 236 times

• Occupation Orders Where there is No Violence
  There is rarely a divorcing couple living under the same roof who would not feel that their lives would be better off without the other one being there. If there is domestic violence the court will usually make an occupation order but will the court order one of the spouses out of the house if there is no violence
  Published 25Sep2010, viewed 339 times

• Offers to Settle a Claim
  It is often sensible to make offers of settlement when involved in a court case.you do not need permission from the court and the cost of an expensive trial may be saved. Offers made remain open until accepted, withdrawn, or rejected. This can lead to traps for the unwary litigant and this article discusses how these should be avoided.
  Published 15Sep2010, viewed 162 times

• Help For Those Who Cannot Help Themselves
  The duty of the Public Guardian is to protect and help people who have lost the capacity to deal with their own affairs. Together with the Court of Protection the appointment and supervision of an alternative decision maker is managed in the best interests of the person with lost mental capacity. This article discusses how this is carried out.
  Published 14Sep2010, viewed 175 times

• Unclaimed Assets
  Large sums of money go unclaimed and when a person dies there are often assets available to the estate which are not immediately apparent. This article discusses the ways in which an executor should carry out a search for possible unclaimed assets.
  Published 14Sep2010, viewed 213 times

• Claims against Threatening Creditors
  Harassment of someone who a creditor alleges to owe money has long been a criminal offence. However there is now a new remedy opened up by the courts to claim damages and compensation for the distress caused by demands for money which is not owed. This article explains how it works.
  Published 28Aug2010, viewed 268 times

• Taking and Copying Documents in Divorce Proceedings.
  What should you do if your marriage is on the rocks and your spouse is likely to hide away his (or her) assets to frustrate your claim? Are you entitled to remove evidence in his possession to prove the existence of assets that may later disappear. This article considers the court's approach to illegally obtained evidence in family proceedings.
  Published 28Aug2010, viewed 192 times

• Mediation Versus Expert Determination
  Mediation is the best-known form of Alternative Dispute Resolution as an alternative to court proceedings. There are other forms however of which one is Expert Determination. This article considers both and when ADR should be used instead of bringing a court action.
  Published 26Aug2010, viewed 248 times

• Appeals against Final Matrimonial Orders
  What will happen if an asset awarded in a divorce settlement should suddenly and unexpectedly lose its value? This Article discusses the approach of the courts to sudden changes in the value of matrimonial assets following the final orders and whether the order can be varied.
  Published 26Aug2010, viewed 205 times

• Stress at Work
  Work can be stressful but sometimes it is unduly so. Where the workload and demands placed by an employer on an employee are excessive there is a duty upon that employer to take action to remedy the situation.This article discusses when compensation for stress caused illness can be claimed.
  Published 26Aug2010, viewed 178 times

• Delay in Inheritance Act Applications
  There are strict time limits which apply to applications for reasonable financial provision from the estate of a deceased spouse, partner or other dependent. This article by a prominent UK lawyer considers when the court will waive the time limit and allow an application out of time.
  Published 17Aug2010, viewed 226 times

• Employed or Self-Employed?
  An employee's rights may depend upon whether he is employed or self-employed. It is only if he can show that he is an employee that there will be protection from unfair dismissal and an entitlement to a redundancy payment and all the other benefits of the Employment Acts. This article looks at the work differences of the employee and self-employed.
  Published 08Aug2010, viewed 247 times

• Paying your Judgement Debt
  Often when someone loses a case they will not be able to pay the judgement ordered. The question will then be whether they will be allowed time to pay and possibly allowed to make payments by instalments. This article considers whether such will be allowed by the court
  Published 07Aug2010, viewed 889 times

• When does Child Maintenance End?
  Maintenance for children is usually ordered to be paid until they are aged 18 or complete their full-time education. But what in this does this mean? This article explains.
  Published 28Jul2010, viewed 722 times

• Bankruptcy and Divorce
  What is the effect of bankruptcy on divorce proceedings? What will happen if one of the spouses is pronounced bankrupt during a divorce? This article looks at the relationship between bankruptcy and divorce and attempts to answer these questions
  Published 27Jul2010, viewed 247 times

• Changing Residence and the Wishes of a Child
  How much weight does the court give to a child's wishes when deciding where he or she should live? This article by a UK lawyer discusses.
  Published 27Jul2010, viewed 273 times

• Domestic Violence and the Local Authority
  Many people do not realise that a local authority have a role to play in preventing domestic violence. They have the power to apply to the court for injunctions to exclude violent tenants and requiring them to do so is an underused but effective remedy for someone suffering violence or abuse from a partner.
  Published 27Jul2010, viewed 390 times

• When Should you Show your Hand in Family Proceedings?
  In family proceedings both parties must fully disclose their financial position before the court can make a final order. This can take time and when you are anxious to get everything is settled raises the question of when you should put on the table your settlement proposals. This article discusses the problem.
  Published 27Jul2010, viewed 213 times

• Dishonest Litigants and Tainted Evidence
  What do you do if you are involved in court proceedings with someone who is a liar, cheat and fabricating false evidence. This article by a UK lawyer discusses the possibilities
  Published 18Jul2010, viewed 360 times

• Do we have Trial by Expert?
  When parents cannot agree upon the arrangements for their children the court will usually order a report from an expert court welfare officer. Although the ultimate decision should be for the judge the recommendation of the welfare officer will usually be followed. This article by an experienced family lawyer examines the position and argues that decision by expert is not as it should be.
  Published 09Jul2010, viewed 209 times

• The Measure of Maintenance. How Much do you Pay on Divorce
  The question is often asked of how much maintenance will have to be paid on divorce. An experience UK lawyer tries to answer the question in this article which considers what guidelines there are for a court to follow.
  Published 09Jul2010, viewed 398 times

• Claims for the Loss of a Chance
  Sometimes a claim will be brought not for a specified amount but for the loss that has been incurred by losing the chance to recover damages or bring a claim. This article by a UK lawyer examines the nature of claims for loss of a chance.
  Published 27Jun2010, viewed 218 times

• Expats and Divorce in the UK
  A family lawyer considers the position and jurisdiction of the courts in England and Wales to grant a divorce for those living out of the country.
  Published 27Jun2010, viewed 335 times

• Adoption Law in the UK
  The law concerning the adoption of children in the UK is considered and discussed in this article written by an established family lawyer.
  Published 27Jun2010, viewed 235 times

• Divorce and the Second Wife
  This article discusses the effect a remarriage will have under UK law on marriage settlements ordered in previous divorce proceedings. It is written by a prominent UK lawyer and considers recent developments in this area of law.
  Published 27Jun2010, viewed 326 times

• Yourself and the Child Support Agency
  Child maintenance can be an emotive issue and lead to much bad feeling between separated parents. This article by an experienced family lawyer considers charge maintenance in the UK and the role of the Child Support Agency.
  Published 26Jun2010, viewed 179 times

• Where Are You Going to End Up? Legal Advice
  Legal advice on the obligations of personal representatives to comply with a deceased's burial wishes
  Published 10Jun2010, viewed 245 times

• The Family Pets When the Family Breaks Up: Legal Advice
  This article discusses the problems and disputes which sometimes arise when a family breaks up concerning who should look after and care for the family pets
  Published 09Jun2010, viewed 196 times

• Living Together: Legal Advice on How to Protect Yourself Financially
  Persons living and cohabiting together are treated by the law very differently from married couples. They will usually have no claim on the other should the relationship breakdown and they go separate ways. This article considers how those living together can protect themselves financially against problems should their relationship fail.
  Published 29May2010, viewed 225 times

• Lies, White Lies and Your CV: Legal Advice
  Should you risk making a false claim on your CV. Many people do but as this article explains there can be serious legal implications. And these are more than just losing the job. An experience lawyer gives legal advice on what could happen if your job application contains untruths and inaccuracies.
  Published 24May2010, viewed 179 times

• Hidden Assets on Divorce
  When a marriage hits the rocks it often happens that a spouse will try to 'lose' his or her assets to avoid them being taken into consideration in the divorce settlement. This article discusses how to find property your spouse is concealing when you divorce.
  Published 24May2010, viewed 825 times

• Children Need Their Grandparents
  The role of the courts is to promote a child's best interests and it is well known that proper and regular contact with family and grandparents is best for a child. However the Children Act makes no special provision for children to have contact with their grandparents when their parents relationship breaks down. Things are however achanging as this article explains.
  Published 22May2010, viewed 178 times

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