Law Basics Explained   Introduction to the legal system   UK law is derived from three main sources: 1) Acts of Parliament An Act of Parliament is sometimes called a Statue and is the most common form of introducing new laws in this country. These laws are debated and approved in the Houses of Parliament (first in the House of Commons and then in the House of Lords) and are then given Royal assent by the Queen. The courts are bound to apply these laws.  2) Case Law This is also referred to as the 'Common Law' and is the law that is made by the judges. A statement of law made by judges can be binding on the decisions of future cases and is called a legal 'precedent'. This helps to provide consistency by treating like cases alike. top  3) European Law European law has been incorporated in the UK system since 1972 when we joined the then European Community. The effect of this is that under section 2 of the European Communities Act 1972, European Law must be considered to be a binding source of UK law, and where there are inconsistencies the European law shall prevail. There are 2 main types of UK Law; 1) Criminal Committing a criminal offence is seen as an offence against the public and as such prosecutions are brought in the name of the Head of State. As criminal prosecutions can result in imprisonment, and loss of liberty is a serious punishment, the rules for convicting a person are strict. It must be proven beyond all reasonable doubt that they are guilty. 2) Civil A civil action is brought by a plaintiff and covers such things as breach of contract, personal injury, family law and copyright law. The purpose of civil law is not to punish the wrong doer, as with criminal law, but to compensate the person that has suffered as a result of the offending action. Thus the rules for finding in favor of the plaintiff are less strict, and here the requirement is that they are guilty on the balance of probabilities. top  A) Legal personnel 1) Solicitors  A solicitor acts as the agent of the person whose case he represents and serves as an intermediary between the barrister and his client, negotiating fees and preparing the case for trial. Solicitors may take the place of barristers in the lower courts, and in the 1990s gained new rights of audience in higher courts. Solicitors will also deal with work legal matters such as conveyancing, wills, family law, company law and can give advice on legal aid.  2) Barristers A barrister will present the case in court having been briefed by the solicitor. B) Alternatives to Court If you are unhappy with a public body or other service you have used, there is an alternative method of seeking redress than taking the issue to court - by approaching an Ombudsman. top An Ombudsman is responsible for monitoring a particular service or industry, the National Health Service for example. They have the power to investigate and deal with complaints from the public and provide this service free of charge. An essential feature of the Ombudsmen service is that they are independent of the organization that they are monitoring. The Ombudsman service must also fair, effective and accountable and these requirements are necessary for the Ombudsman to be recognized by the Ombudsman Association. The Ombudsman will generally only investigate matters that have arisen within a reasonable period of time. The Ombudsman will become involved in a dispute once the internal complaints procedures of the service in question have been exhausted. They will generally not be able to help if the complaint is simply a disagreement with a decision that the department or service has made - there must be evidence that the decision was taken wrongly - for example, was unfair, negligent, inconsistent or made on the basis of incorrect information. The primary aim is to provide redress, in the form of an apology or even in certain circumstances financial compensation, where an individual has suffered an injustice. Where the Ombudsman finds that the complainant is in the right they can recommend to the body concerned the redress they should offer and what action they should take to ensure that the situation does not reoccur in the future. These recommendations will generally be adopted by the service. top C) Small Claims Court This is a court that deals specifically with claims under £5,000, unless it is a claim for personal injury or certain tenancy problems where the claim must be under £1,000. A claim can be brought to small claims court for almost anything where the amount you are claiming is under the limit. You do not have to have a solicitor when taking a case to small claims court, or when defending against a claim. You can appoint someone else to represent you such as a friend or relative. As the purpose of the small claims court is to simplify the process in simple cases, you will not be able to claim any costs if you do decide to use a solicitor even if you win. Small Claims Courts can be found as a section at your local County Court. You can apply to them for a claim form in which you fill in the details of the claim that you are making and you will have to pay a court fee. The person that you are claiming against, known as the defendant, will file a defense against the claim and you will then receive instructions from the court as to what will happen next. top If you are successful the defendant will be instructed to pay you a fixed sum, and this judgement is enforceable at law. It may be that you do not wish your case to be heard in the small claims court, if for example you are seeking more than the limited amount. You can request that the case be dealt with by a higher court by showing for example that the case involves a complex question of law or fact, or that there is a possibility of fraud. Your solicitor will be able to advise you as to your chances of success. D) How to chose a Solicitor It is important when selecting a Solicitor to bear in mind the service that they are going to provide for you, a solicitor that you have used with success to conduct your conveyancing may not be the best person to conduct a personal injury claim. Instructing a Solicitor to act on your behalf provides you with financial security and peace of mind and it is important therefore to choose someone with the correct experience. There are several things that you can look for in selecting the right solicitor for you. Firstly it is important to consider reputation. A firm of solicitor's may have a good reputation for conducting a certain type of legal work. It is important to ensure that your objectives are going to be met by the solicitor that you choose. Experience is vital in most legal work, especially if the legal issue is going to lead to litigation. top An experienced solicitor will be familiar with all the applicable laws and features of that vein of the law. Experience means that you can expect your solicitor to be well prepared to deal with any unforeseen problems that arise. To ascertain the level of experience that a solicitor has you can look at how long they have been practising, if they are a member of a specialist board, such as the Personal Injury Board, if they have had experience of court room cases, and how many cases similar to yours they have dealt with. By talking to a solicitor before instructing them in your case you will be able to gauge if you think they are right for you. If you feel that the solicitor was abrupt or made you feel uncomfortable then they are not right for you. It is also important to remember that if your solicitor appears to be tenacious and efficient to you then this is the appearance that they will give to others. Asking the solicitor questions about your case will help you to gauge how apt their analytical skills are - if they seem to have all bases covered then they are likely to be well prepared for most eventualities. top In certain types of case you may have to spend a lot of time with your solicitor, in family law cases for example - divorce and custody, you will be reliant upon them to serve your needs at a time when you are vulnerable. Thus it is important to ensure that your solicitor listens to you and appreciates your needs. Another important factor in choosing a solicitor is to look at the professionalism and efficiency of the support staff, it is likely that there will be times when your solicitor is unavailable and it may be important to be able to rely upon the professionalism of their secretary or on being able to talk to another partner or solicitor. A final but very important factor to consider when choosing your solicitor is how expensive the service is going to be. Your solicitor will be able to give you a fee breakdown and will often have a set charge for things such as conveyancing. Solicitors generally charge on the basis of the amount of time they spend on your case. This will be broken down into an hourly rate plus additional charges. It may be that in straight forward cases certain tasks may be delegated to junior solicitors whose hourly rate is likely to be lower. top In certain cases, such as divorce and personal injury claims it is worth bearing in mind the end result of the case. If your solicitor that has more experience is more expensive it may be that they can save you money in a divorce settlement, or get you greater damages in a personal injury case. The peace of mind factor in using a solicitor is an important one, a good solicitor will leave you reassured that the case is in hand and is being dealt with efficiency, taking the time to chose a good solicitor will save you stress in the future. E)Legal Aid What is Legal Aid? Legal Aid is a system of providing free or low cost legal advice and assistance based on eligibility. It can be used in both civil and criminal cases in such legal matters as divorce, employment and tenancy disputes for example. There are several ways of finding out more about Legal Aid, you can contact the Citizen's advice bureau, contact a solicitor or contact the Legal Aid Board. top Will I be eligible? Eligibility will depend on if you can pay for your case, i.e. your financial situation and on the merit of your case - if you have a good case that you are likely to win, on the merit of the case in question. A solicitor will be able to advise you as to whether you have a valid case and will be able to direct you as to what type of legal aid you are likely to get. There are specific limits for the obtaining of legal aid and you may be entitled to free or reduced cost aid based on your financial situation. You may also be entitled to assistance to seek mediation services where you are in the process of separation or divorce. When seeking legal aid it is helpful to write down all the information relevant to your case, along with any questions or concerns you may have. These can then be discussed with your solicitor and the Legal Aid Board. If you are on income support you will automatically qualify for Legal Aid and should present details about the benefits you receive. You will be able to seek information about exactly what you are entitled to and what, if any, additional charges you may be required to pay. If you are questioned by the police you are entitled to free legal advice irrespective of your financial situation and will be assigned a duty solicitor. You may also be entitled to free legal advice on your first appearance at a Magistrates Court, again irrespective of your financial situation. top     Copyright 2000 everythingexplained.com

P1   Divorce   Divorce Divorce can be a complicated and long winded legal process, made worse by the emotional stress and difficult nature of the situation, especially where children are involved. It is vital that your solicitor acts to provide solution to your problems and is responsive to your needs. Experience in Family law is essential in ensuring your interests are looked after, they will also be able to advise you if your expectations are realistic. The adoption of a conciliatory approach and the use of mediation are both constructive ways of dealing with the complex legal and emotional issues that arise from divorce proceedings. A solicitor that is experienced in this type of case will not only achieve an acceptable end result but will also be able to ease the process of reaching it. (I) Mediation Divorce involves a combination of emotional and practical issues and it is essential that communication between the parties is maintained, especially when discussing arrangements in relation to dependant children. Mediation or Conciliation services provide a forum for discussion to resolve any issues relating to the separation in a neutral environment. It is usually attended by the parties to the divorce and one or two mediators. The aim is not one of reconciliation, it is assumed at this stage that the marriage has broken down, the purpose here is to create an amicable environment in which details can be arranged relating to such issues as custody of the children, financial arrangements, and the access rights of parents and relatives. top Successful mediation will result in a mutually acceptable agreement that deals with the sensitive issues. In certain circumstances mediation will not be appropriate and it is important to consider the reasons for the breakdown of the marriage. Consulting a solicitor does not mean that the marriage is definitely over, it is important to find out what your rights are and does not mean that you have to initial divorce proceedings. A solicitor can provide invaluable advice in the event that a possible separation or divorce occurs. It is possible to enter into a separation agreement as an intermediate stage where the parties are on amicable terms. It will outline the arrangements that are to be made for children in the future. It is not necessary to prove the grounds for the separation as with divorce. The details of the agreement are voluntary in nature and the court will not step in to resolve anything not covered in the agreement. What are the advantages of mediation? Reaching a mutually acceptable agreement regarding issues that will have to be resolved in one way or the other has clear advantages. The neutral environment is less adversarial that that of a courtroom and the negotiation process is helped by the presence of trained third parties. Once an agreement is reached it is recorded and given to the court whereby it becomes an official part of the court order.top Mediation is private and cost and time effective, it enables a better all round agreement to be reached where both parties can represent their views and form an agreement that has a true appreciation of all the relevant facts.  What are the disadvantages of mediation? Where the marriage has ended on bad terms mediation may not be possible, it relies on the co-operation of both parties and there is no guarantee that an agreement will b reached. Whilst solicitor's may still be employed on an advisor level, the parties are essentially arguing their own points of view and there may not be the even playing field that is provided by letting two qualified lawyers do the negotiating. Mediation will clearly not be possible in cases of abuse by one of the parties.top What does it involve? Once it has been greed upon to attend mediation you and your spouse will initially attend a preliminary meeting where the basic issues will be established and the rules relating to the process will be set out. After this there will be a series of further meetings in which the negotiation process will be conducted. Both parties will be able to present their views with the mediator ensuring that an adversarial environment does not occur. The parties may also attend separate sessions enabling them to discuss issues privately with the mediator. The desirable end result is an agreement that represents both parties interests which will be approved and admitted as an official court order. What happens if we can't reach an agreement? If the mediation is unsuccessful and an agreement cannot be reached, other avenues will have to be taken, i.e. litigation, and the court will have to decide upon the necessary issues.top (II) Divorce Where divorce proceedings are concerned it is important to remember that the interests of both parties and any children must be borne in mind. How do I begin divorce proceedings? After the first year of marriage either party can apply to the courts to have the marriage dissolved, provided that at least one of them is domiciled in England or Wales or had been so resident during the previous 12 months. The court will then hear evidence as to the grounds on which the divorce is being requested. A divorce petition will be created in which the party applying for the divorce (the 'petitioner') will state the evidence that forms the grounds for the divorce. The other party is known as the 'respondent'. What must I prove? The marriage must have irretrievably broken down to provide grounds for divorce and there are several situations in which this will be deemed to have occurred. The evidence is set out in the petition: the spouse who files the petition is called the petitioner, the other is called the respondent.top There are five features that indicate the irretrievable breakdown of the marriage: * Adultery - where it is proven that the respondent has committed adultery and the petitioner finds it intolerable to continue living with them. * Unreasonable behaviour - where it is prove that the respondent has acted in such a way as to mean that the petitioner can no longer be reasonably expected to continue in the marriage. * Prolonged Separation - where it is proven that the parties have been living separately for five years. * Separation - where it is proven that the parties have been living separately for two years and the respondent consents to the divorce. * Desertion - where it is proven that the respondent has deserted the petitioner for a period of at least two years.  How long does it take? Due to the range and complexity of issues that are involved in Divorce it is difficult to predict how long the proceedings will take though it will usually be at least several months. The petition itself is in a consistent format and will include information regarding the names and addresses of the parties, details of the marriage and any affected children as well as a statement that the marriage irretrievably broken down. Also stated will be the evidence on which the petition is to rely.top The first stage is the issue of the decree nisi, which reflects that the court believes that there are reasonable grounds for the divorce. This can be rescinded at any time up until the decree absolute is granted. How will arrangements for the children be made? The petitioner will complete a Statement of Arrangements outlining the proposed arrangements concerning the children. It will contain such details as residence and contact. Mediation in reaching this agreement is a very good way of deciding upon this sensitive issue and the court will encourage couples to reach a mutually acceptable agreement. It is important to bear in mind the disruptive effect that divorce can have on children when deciding upon arrangements relating to their welfare. The parental responsibilities owed to the children will continue to exist during and after the divorce in the same way that they did during the marriage. The court can intervene in several circumstances where an agreement cannot be reached in the normal way, it can determine which parent has custody of the child - where the child is to live, what contact the other parent will have - access arrangements and any prohibited acts, such as moving the child out of the country.top What about maintenance? Maintenance is usually paid for children until they reach the age of 17 or cease full-time education, whichever is the later. A clean break agreement cannot negate this maintenance requirement and the parental responsibility for financial provision for their children is contained within the Child Support Acts of 1991 and 1995. This legislation sets out the level of maintenance that must be paid by the absent parent to the parent with which the child is resident. The calculations are means tested and based upon the income and responsibilities of the absent parent and provide protection where financial agreement cannot be reached in any other way. If the parent with custody of the child accepts income support or other benefit they may be required by the government to seek an order from the Child Support Agency for maintenance from the absent parent or risk the loss of their benefit.top  How and when will financial matters be dealt with? Where a separation agreement or mediation has preceded the divorce, financial matters may well have been discussed and agreed upon in advance of the divorce proceedings themselves. In any event the immediate issues such as financial support and living arrangements will usually have been sorted out in the interim period. There are several advantages to ensuring that financial considerations have been settled before the decree absolute is granted, as at this point the divorce is irreversible. These include tax benefits, pension contributions, National Insurance contributions, life insurance and issues relating to your and your spouse's will. Your solicitor will be able to advise you what effect these features may have at the appropriate time. To avoid litigation in dividing up the couple's assets, solicitors can reach an agreement that is along the lines of a likely court settlement and if the details of the financial settlement are agreed before the divorce the court will still include them in the terms of the order. Where an agreement can not be reached it should be remembered that the court has a wide discretion and there are few hard and fast rules. There are several factors that may be considered by the court when making its order, these include present resources, age, health, the duration of the marriage, the earnings and contributions of each of the parties and their respective needs. Both parties are entitled to maintenance from the other either for life or until the recipient of the maintenance remarries and the maintenance may be reviewed on the request of either party if circumstances change. Essential in the process is the disclosure by both parties of any and all financial assets and liabilities and in the absence of willingness to do so the court may so compel either party. This is the only way to meet that requirement that any settlement is fair and reasonable.top The Marital Home If the Marital Home is held in the name if one spouse only then registering the interest at the Land Registry can protect the other. In the case of co-habitation, where the parties are not married but may be considered so at common law the available protection can be advised by a solicitor. The matrimonial home is often the most substantial asset owned by a couple. Where there are no other interests than those of the couple, the most usual solution would be to sell the property and divide up the proceeds. Where there are children involved however the court can make an order with their interests in mind, with the priority of providing them with a home. Joint bank accounts This is an area that should be the subject of immediate attention where there is a risk that sums may be withdrawn by one or other of the parties, not only where there are funds in credit, but also where there is an overdraft or loan facility that the parties will have joint liability for.  Clean break settlements This is where there is a once and for all settlement and an agreement that neither party can claim additional sums or maintenance in the future. This generally works where the two parties have similar earning capacities as otherwise the requisite capital sum will be substantial.top Tax considerations The Finance Act 1988 has altered the way in which maintenance payments are treated for tax purposes and a solicitor can inform you of the current relief available and it is advisable to seek this specialised advice as soon as possible. Businesses Courts are reluctant to make an order in the division of financial assets that will have an adverse affect on the viability of a business that is jointly run or owned by the parties, especially where for example the income generated by the business will form the basis of any maintenance payments. The court will endeavour to consider all option including the sale of assets, restructure, and secured charges over the assets. If the income provided by the business is insufficient to meet the maintenance order that the court deems appropriate then the court may require the sale of the business.top

Life Insurance and Pensions On divorce one of the parties may lose their entitlement to the other's pension and benefit under any insurance schemes. Especially in the case where the parties are close to retirement age this can be a very substantial asset. Maintenance or a proportion of the pension scheme may be made to compensate for this. Where maintenance is relied upon by the recipient spouse and any children it is advisable to insure this with life assurance in the same way that you would against loss of any income resulting from the death of a spouse. What if I want to re-marry? Once the decree absolute has been granted the marriage is completely nullified and at this point you may re-marry. Maintenance orders will cease on remarriage and the maintenance may be reduced if the recipient party decides to co-habit with their new partner.top   Copyright 2000 everythingexplained.com While every care has been taken to ensure accuracy of the content of this site, no responsibility can be taken for any errors or omissions. Viewers are strongly advised to check information published with individual institutions, and to take legal advice, where appropriate, before entering into transactions. All interest rates are correct at the time of going to press. The information here is only for your general information and use and is not intended to address your particular requirements. Specifically, the information does not constitute any form of advice or recommendation by us and is not intended to be relied upon by you in making (or refraining to make) any specific investment or other decisions. Appropriate independent advice should be obtained before making any such decision. Neither we nor any of our site-writers make any warranties expressed or implied, as to the accuracy, adequacy, quality or fitness for any particular purpose of this information for a particular purpose or use and all such warranties are expressly excluded to the fullest extent that such warranties may be excluded by law. You bear all risks from any uses or results of using any of this information. You are responsible for validating the integrity of any information received over the internet.

P2   Explanations   Legal Jargon Explained   Here is where we give you a simple guide to the meanings of some of the terms used when reading about law. Just click on a term you want to understand - in the Index section choose one of the words underlined in blue - and you will be taken to the right part of this page for that term.   Index     Access Act of Parliament Adverse Possession Affidavit Agent Appeal Arbitration Beneficiary Breach of Contract Clean Break Compensation Conciliation Contact Contract Copyright Damages Decree Nisi Decree Absolute Defendant Disciplinary Proceedings Domicile Duty of Care Employment Tribunal Freehold Gazumping Guarantee Injunction Intellectual Property Land Registry Lease Leasehold Legal Aid Liability Maternity Leave Matrimonial Home Mediation Misrepresentation Negligence Nuisance Patent Petition Petitioner Plaintiff Residence Order Respondent Restrictive Covenant Right of Way Separation Agreement Stamp Duty Statement of Arrangement Summons Title Tort Trade Mark Trespass Tribunal Trusts Ultra Vires Unfair Dismissal Will Writ   Definitions ACCESS With regards to the custody of children, this is also referred to as 'contact', and is the arrangements that have been made for the parent with which the child does not reside to see the child. Access orders may also be granted to other relatives.  ACT OF PARLIAMENT This is a law or collection of laws passed by Parliament that will be applied by the courts. It is often called a "Statute" or "Act" and is the primary source of legislation in this country. top ADVERSE POSSESSION This is where a person gains rights over or title to land that is owned someone else because of their continued use of the right or land. It is also referred to as 'squatters' rights'. top AFFIDAVIT From the Latin meaning "he has said it". This is a written declaration, often used as evidence in court proceedings, which is made on oath before an authorized official and is sworn to be true. top  AGENT An agent is a person or company authorized to act on another's behalf. top APPEAL An appeal is where a party to a case seeks to question the judgement given in a lower court by taking it to a higher court who is empowered to overturn the original judgement. The Court of Appeal is the usual channel for appeals in the UK, though it's decisions can be overturned by appeal to the House of Lords. There are two types of error that can occur in a judgement, errors of law and errors of fact. An error of law occurs where the legal rules are interpreted in the wrong manner, and an error of fact occurs where evidence at the trial is interpreted incorrectly. top ARBITRATION This is a method of Alternative Dispute Resolution, and is where a neutral third party hears the case and acts as a judge in reaching a decision. top BENEFICIARY A person who is the subject of or benefits under a trust or will. top BREACH OF CONTRACT A breach of contract occurs where a person that is obliged to do a certain thing under a contract fails to do so, in whole or in part, or does so to an unacceptable standard. This entitles the other party to seek damages and either enforcement of the obligations, or to rescind (effectively abandon) the contract altogether. top CLEAN BREAK A financial agreement made by the parties to divorce proceedings whereby a one off settlement is made, accompanied by the agreement that neither party will claim further maintenance or other sums. top COMPENSATION A payment made to make up for loss or injury to a person or property or to offset deprivation. In the case of compensation for breach of contract, the award seeks to put the injured party in the position they would have been in had the contract been adhered to. In the case of compensation for tort, e.g. personal injury, the award seeks to put the injured party in the position they would have been in had the offending action never occurred. top CONCILLIATION This is a form of dispute resolution whereby the parties negotiate and reach agreement on a particular issue in the presence of trained, neutral third parties. CONTACT See ACCESS above top CONTRACT  An agreement, enforceable by law, to do of refrain from doing a specified act. It can be in a written or oral form, or can be implied by actions. In order for a contract to exist there must be an offer by one party which is accepted by the other party, in return for some kind of consideration (i.e. an offer of a gift will not be an enforceable contract in law). top COPYRIGHT This is where a person owns an idea or design (or anything that can be written down or drawn). This serves to protect creativity by preventing people from stealing the ideas of others. top DAMAGES Monetary compensation paid to a person to offset loss to person, property or other deprivation they have suffered. top DECREE NISI A provisional court order that means that the court is satisfied that there are grounds for divorce. top  DECREE ABSOLUTE A final court that signifies the termination of the marriage. top DEFENDANT The person being accused of an offence in a criminal case, or being sued in a civil case. top DISCIPLINARY PROCEEDINGS The procedure followed when an employee has breached the terms of their contract of employment or had behaved contrary to the guidelines set out in the staff handbook. It can result in a verbal or written warning or dismissal. top DOMICILE This relates to the main country in which a person resides and implies that there is a permanent and lasting relationship. top  DUTY OF CARE This is the minimum level of responsibility owed by a person not to act carelessly or negligently towards another. Where this duty of care is breached and the person is harmed as a result of the breach, they can then claim compensation for the loss. top EMPLOYMENT TRIBUNAL A method of resolving disputes between employers and employees, dealing with issues such as unfair dismissal and discrimination. The evidence will be heard by a panel of three people that are neutral in the dispute, one of which will be legally qualified. top FREEHOLD This form of tenure is absolute right to the land, the freeholder will be said to hold the best title. top GAZUMPING For the purposes of Property, Gazumping describes the situation where a third party presents a higher bid for a property than that already agreed informally by the seller with another prospective buyer. top GUARANTEE A promise that a specified thing will or will not occur, the most common example being a guarantee given by a manufacturer as to the quality of goods. top INJUNCTION A order of the court that prevents someone from doing a specified act that is against the rights of another person. It can prevent such things as contact or proximity with another person or dealing with particular assets. A person can be held in contempt of court for failing to adhere to the terms of an injunction. An injunction can also be made that requires a specific action. top  INTELLECTUAL PROPERTY This is the heading used to describe such original creative property as copyright material, patents and trademarks. top LAND REGISTRY The Government office that is responsible for maintaining the Land Register, which details all information relating to a particular piece of land, essential in passing title in that land. top LEASE For the purposes of Property law, a lease is an agreement between the owner of a piece of land and another party that grants that other party a beneficial interest to use the land subject to certain conditions. It will usually specify such details as the duration of the lease and the rent that is to be paid in return for the use of the land. top LEASEHOLD Property acquired under a Lease. top LEGAL AID The Legal Aid scheme, run by the government via the Legal Aid Board, provides financial assistance to people that cannot afford to pay for a legal action themselves. Eligibility will depend upon the nature of the case and the financial situation that a particular person is in. top  LIABILITY A responsibility or obligation that is owed at law. top

MATERNITY LEAVE Maternity leave is granted to employees irrespective of the amount of time that they have been employed or the number of hours that they work. The important factor however is in determining if the person taking maternity leave qualifies for statutory maternity pay. At present the required period of employment in order to qualify is 26 weeks continuous employment. A person's particular contract o employment may provide additional rights or benefits, and this can determine the length of leave permitted and the pay provided. top MATRIMONIAL HOME This is any property in which a married couple have resided together. top MEDIATION See Conciliation above. top MISREPRESENTAION If a person has entered into a contract on the basis of facts that the other party has led them falsely or improperly to believe were true, they may be entitled to void the contract and claim damages by reason of misrepresentation. top NEGLIGENCE This implies the breach of an obligation to act with a certain level of care, or the failure to act as a reasonable and prudent person would act in that situation. It occurs where a person suffers loss or injury as a result of an action committed by a person owing them a duty of care, and is a civil wrong governed by the rules of Tort. top NUISANCE Another form of civil wrong, this too is governed by the rules of tort, and occurs where a person's rights associated with the use and enjoyment of land are interfered with. It can include noise and air pollution as well as the restriction of light. top PATENT Another form of Intellectual Property, this is the right to profit from an invention or process and can be owned by an individual or company. The subject of the patent will generally be required to be unique and original. There is little point in paying to protect something that is already in the public domain. top PETITION This is the document that is used to apply for a divorce. top PETITIONER This is the person that applies for a divorce. top PLAINTIFF The person who brings a case to court. top RESIDENCE ORDER This is a court order relating to custody of a child that sets out the arrangements regarding with which parent the child is to live. top RESPONDENT This is the person against who divorce proceedings are issued. top  RESTRICTIVE COVENANT This is a provision in a contract that prevents a person from doing a specified thing. top RIGHT OF WAY This is the right granted permitting access to land, the details of which will be contained within the deeds of the property. It may be in the form of a public right of way, or access granted to a neighbor in reaching adjoining land. top  SEPARATION AGREEMENT This is an official document that sets out the terms of separation that have been agreed by the parties to the marriage. It may include details relating to children, finance and possible future divorce proceedings. top STAMP DUTY Tax payable on the transfer of property or shares in the UK. top STATEMENT OF ARRANGEMENTS This is the form that accompanies a divorce petition where children are involved. It sets out the arrangements for the children including residency and contact arrangements for example. top SUMMONS An official document issued by the office of a court requiring a person to attend court. top  TITLE The legal term meaning that a person is the owner of a particular asset. top  TORT Tort is the law that governs civil wrongs such as Negligence, Trespass and Nuisance. It often implies a duty of care that if breached can lead to a claim for compensation where injury has resulted. top TRADE MARK A form of Intellectual Property, a Trademark can be a company or product logo, name or design that may be registered for protection at law. top TREPASS This a type of TORT and is the act of interfering with the rights of another , often in relation to the use and enjoyment of land. top TRIBUNAL This is an alternative method of dispute resolution than taking a case to court, an example of this is an Industrial Tribunal. top TRUSTS In law a trust is the situation whereby property that is legally owned by one person for the benefit of another. The legal title is owned by the TRUSTEE and the equitable or beneficial interest is held by the BENEFICIARY. top ULTRA VIRES This is where a person acts beyond their legal power. top  UNFAIR DISMISSAL Unfair dismissal arises where a person is dismissed from their employment for reasons that are not considered fair and reasonable at law. top WILL  A legal document that sets out the formal instructions for the disposal of their estate after death, it will usually be in writing and will be witnessed. top WRIT An official document issued in the name of the sovereign by the court that gives notice that the plaintiff intends to bring court proceedings against the person receiving the writ (the defendant). top Copyright 2000 everythingexplained.com While every care has been taken to ensure accuracy of the content of this site, no responsibility can be taken for any errors or omissions. Viewers are strongly advised to check information published with individual institutions, and to take legal advice, where appropriate, before entering into transactions. All interest rates are correct at the time of going to press. The information here is only for your general information and use and is not intended to address your particular requirements. Specifically, the information does not constitute any form of advice or recommendation by us and is not intended to be relied upon by you in making (or refraining to make) any specific investment or other decisions. Appropriate independent advice should be obtained before making any such decision. Neither we nor any of our site-writers make any warranties expressed or implied, as to the accuracy, adequacy, quality or fitness for any particular purpose of this information for a particular purpose or use and all such warranties are expressly excluded to the fullest extent that such warranties may be excluded by law. 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P3   Questions   On this page we invite you to send us questions. We cannot guarantee to have answers for you, but we will try to help. Some of the questions asked will be listed here, if we think that the questions and answers are of sufficient general interest. However, we cannot give you individual replies or advice, since we are not authorised to do so in this way. Our answers will be aimed at people that have a problem of a specific type, but without naming either individuals or organisations. Our answers will be those that apply to the best of our knowledge, but questioners should take specific advice before relying on our answers. What we will try to do is to enable you to ask the right questions of advisers and to understand the answers and the implications of those answers. Please fill in this form if you have a question you would like answered, or e-mail us at  [email protected] . To Ask Questions: First Name Surname E-mail Address Questions for this Website   Previous Questions Asked: 1. 2. 3.   Copyright 2000 everythingexplained.com

P4   Try These Sites     Whilst browsing the Internet we occasionally come across excellent sites. We will list these for your future reference.           Copyright 2000 everythingexplained.com

P5   Mission Statement   Explain everything simply.   We have found that if you can't explain something simply, either you don't understand it or you are trying to hide something. We at everythingexplained.com will try to guide you through the pitfalls in life, which we ourselves may have stumbled into from time to time, so that you do not have to repeat our mistakes. We have many years of consuming, investing and generally experiencing life between us. Our contributors, who we have invited to write certain sites, have specialist knowledge of those areas and also have many years of experience. By using our sites, we hope you will be able to find answers to questions that you wouldn't dream of asking, because you would be afraid of looking stupid or might lay yourself open to being taken advantage of. We also think that the subjects we cover and the questions we are trying to answer beforehand for you are those that it seems to be assumed you will 'pick up' as you go along. These things are not generally taught in schools or colleges and represent a steep learning curve when you finally find that you are caught up in them. If you find something that you think we have not covered, or have not covered well enough - let us know. Send us an e-mail. Our e-mail address is  [email protected]. Copyright 2000 everythingexplained.com

P6   Property   Property Law - Conveyancing The legal work necessary in buying and selling property is known as 'conveyancing' and although it is possible to complete this work yourself, it is often easier and more secure to instruct a solicitor to act on your behalf, as they will be insured in case any mistakes are made. Solicitor charges to carry out conveyancing work are generally in the region of £400 to £600 in straightforward cases. Assume you are buying a house: The first stage in buying a house will occur when confirmation of the offer and acceptance on a specified property are passed from the estate agent acting on behalf of the seller to the solicitor acting on behalf of the buyer. Your solicitor will also receive confirmation from your mortgage lender, where applicable, confirming that they have agreed your mortgage and stating the amount they will release on completion. Your solicitor will then contact the seller's solicitor and request a copy of the contract. The solicitor will check that there are no unlawful or irregular clauses. The solicitor will also receive a copy of the title deeds, to verify that the seller is the legal owner of the title and to find out any restrictions that are associated with the property, rights of way or restrictive covenants for example. The seller will also provide a list of fixtures and fittings and copies of all of these documents will be given to you. The next stage is where the solicitors will begin the land searches, and you may be required to pay for these in advance. This will include a Land Registry Search, Local Authority Searches, Drains, etc. Once these are complete, and assuming they are satisfactory, a copy of the contract will now be signed by you and the seller. Assuming there are no complications the contracts can now be exchanged. When the contracts are exchanged you are from that point forward legally bound to go through with the purchase. The deposit will be paid at this stage, generally 5% or 10% of the purchase price. It is usual for this amount to be paid to your solicitor direct who will then pass it on to the seller. The solicitors acting on your and the sellers behalf will then agree that the contracts have been exchanged and a completion date is agreed upon, the two relevant dates are included in contract. The contracts will then be physically exchanged along with the deposit check. At the completion date the property is officially yours. A Mortgage Deed will be prepared if applicable and this will grant the Mortgage Company a charge over the property, this means that if you defaulted on the mortgage repayment, they are entitled to reclaim their interest in the property. The terms and conditions of the mortgage will be sent to you by your Mortgage Company when they confirm the mortgage and should be carefully read. Stamp duty, the solicitor's fees and any other outstanding fees will be payable prior to the completion date. On completion the balance of the purchase price in full will be transferred from your solicitor to the seller's solicitor and this signifies the end of the process. The keys to the property will be released to you and the deeds will be passed to your solicitor. All that remain now is to tie up any remaining issues, such as registration of your name with the freeholder in cases where leasehold is being purchased, registration of the transfer of title with the land registry.   Copyright 2000 everythingexplained.com

P7   Wills Wills   The creation of a will ensures that in the event of your death, the value of you estate goes to those that you wish to support or care for, known as the 'beneficiaries' of the will. It is important therefore that once you have created a will you keep it up to date. There are several ways in which you can approach drafting your will. Increasingly popular are Do it Yourself wills, these enable you to draft your own will and therefore cut out solicitor's charges. However, it is important to remember that one of the main advantages of using a solicitor is that you are covered if something goes wrong, as the solicitor will be insured. Drafting a will is relatively inexpensive and provides the assurance that any dependants are properly cared for in the future. The contents of a will can also include provisions for the care of your children by appointing a legal guardian to be responsible for them in the event of your death. Another advantage of creating a will is that it can help with inheritance tax planning.  If you die without making a will you will be said to have died intestate, and the government will distribute your estate according to the intestacy rules, which may not be in accordance with what you would have wanted. For example, they do not necessarily ensure that the share your spouse receives gives them ownership of your home. They also do not necessarily recognise 'common law' partners. In your will you can specify how you want your assets to be distributed on your death, this includes both arrangements for you most valuable assets - your house, business and shares for example, as well as directions relating to the passing on of items with sentimental value. You may wish to leave some of your money to a favourite charity. When you draft your will, you will have to name the person/s that you want to execute it, i.e. who will be responsible for ensuring that the subject of the estate is distributed in accordance with what is specified in the will. They are called the 'Executors'. You can appoint up to four executors - it is advisable to appoint at least two and you can chose any adult to act as your executor. It is an important decision as they will be responsible for dealing with your assets as per your instructions. Where assets are for the benefit of any children it may also be necessary to appoint someone to act as trustee of the property until the child is old enough to legally inherit it. This can be one of your Executors. If there are children that you are responsible for that are under the age of 18 you can also appoint a legal guardian in your will, who will take over responsibility for them if you die. On death your estate will be liable for Inheritance Tax. Your tax adviser or accountant can advise you as to the best ways of planning the disposal of your estate for inheritance tax purposes.

Copyright 2000 everythingexplained.com

P8   Personal Injury   Litigation for Personal Injury If you have been in an accident you may be entitled to receive compensation if another person was wholly or partly responsible for the injuries that you have suffered. Time limits often apply and so it is important to seek advice about a possible claim as soon as possible after the accident has occurred. Many solicitors now offer personal injury services on a "no win, no fees" basis but the process of pursuing a claim can be long winded. It will have to be established that the person you are making the claim against is at least partially responsible for the accident from which the injuries resulted. The extent and nature of the injuries received will have to be proven and these must be attributable to the accident in question. Most personal injury cases will be settled before reaching court and it is useful in the negotiation process if you have all the required facts. You can help to do this by recording the following information: * The exact date and time that the accident occurred and full details of exactly what happened. It is helpful to try and record these details as soon as possible after the accident has occurred. This means that there is less likely to be uncertainty later when the details might not be remembered so clearly. In the case of a traffic accident it may be helpful to draw a diagram of the road and position of any relevant vehicles or witnesses, this will help to prove who was at fault. * It is useful to keep some paper and a pen in your glove box to take down any details at the time any potential accident might occur. This means that the names and addresses of future witnesses can be recorded at the time. * Where injury such as whiplash has occurred for example, it is useful to record any ongoing problems as and when they occur, for example trouble sleeping, headaches etc. This helps to ensure the accuracy of your claim and means that you don't forget anything. Any medical advice and treatment should also be recorded to support your claim. * In seeking compensation there will be several factors taken into account when determining the award. One of these might be medical expenses and so it is a good idea to record any additional expenses that you incur as a result of the injuries, for example prescription charges and travel expenses in attending hospital or specialist clinics. * Other considerations in determining the amount a compensatory award will include present and future loss of earnings, medical expenses, other expenses associated with the injury, as well as an amount for the detrimental suffering that has resulted from the accident. A solicitor specializing in personal injury will be able to advise you as to the sort of compensatory award that you can expect from a successful claim.

Copyright 2000 everythingexplained.com

P9    Employment   Employment Law   A) Redundancy Redundancy occurs where a company ceases to trade altogether, whether in whole or with regard to specific sites/offices, has suffered a reduction in the amount of business, or is no longer conducting the type of business that an employee was employed to do. An employee that is made redundant may be entitled to redundancy pay and the employer must take reasonable steps to ensure that: (i) Employees have been warned of the impending redundancy as soon as possible and have been consulted throughout the process however rapidly the decision has been made. top (ii) Where reasonably practicable employees being made redundant have been offered suitable alternative employment within the company. (iii) Selection for redundancy must be fair and on the basis of objective criteria reasonably and fairly applied. Whilst under a notice of redundancy employees are entitled to a reasonable period of paid time off to undertake training. A Redundancy may be treated as unfair for reasons such as; * Trade Union membership or activity * Maternity * Assertion of rights (health and safety, statutory rights) * If the redundancy selection process was unfair generally, i.e. was it consistent and on a fair basis (for example, last in, first out) If an employee is offered alternative employment under a redundancy issue and provided that they are employed under the same terms, this will generally not be deemed to be a redundancy. If however the new position requires a new contract, the employee is entitled to a trial period in the new position. Should the new position prove to be unsuitable during this period and they decide to leave, they will be treated as having been made redundant. There is a requirement on the part of the employee however that they do not act unreasonably in refusing to take up an offer of alternative employment, if they do then they may lose the entitlement to redundancy pay.top An employee that believes they have been unfairly made redundant may apply to a Tribunal and seek additional compensation for unfair dismissal. (B) Unfair Dismissal The current law states that you must have 1 years continuous employment with the same employer to qualify for unfair dismissal protection. This is inclusive of leave for sickness, holiday or maternity. It applies to dismissals after June 1st 1999, prior to this the requirement is 2 years. In order for a dismissal to be lawful, and employer must act fairly and reasonably. Fair and reasonable grounds might include such things as: * Misconduct by the employee * Redundancytop * The employee is unqualified or incapable of doing the job they are employed to do * If there is a legal reason why they must be dismissed The employee is normally entitled to receive notice of the dismissal under the terms of their contract of employment and most companies will have a staff handbook that will outline discipline procedures that must be followed prior to dismissal. An Employment contract can state that summary dismissal will not entitle an employee in lieu of notice or any accrued holiday pay. In most cases the disciplinary procedures will involve verbal and written warnings being given, with specific period of time in which the employee should improve. When this period is up the employee will generally have a performance review to discuss their progress and highlight any continuing shortfalls or training requirements If this leads to a dismissal nonetheless the employment will usually be terminated on notice paid in lieu.top In the case of gross misconduct, dismissal will usually be immediate. What constitutes gross misconduct will normally be set out in the staff handbook. After a disciplinary hearing but without prior warnings, the employment can be terminated with no notice requirement. In hearing a case of unfair dismissal the Tribunal will consider many different factors but will ask in particular if the dismissal was for a fair reason, and if it was dealt with fairly. Things that may constitute fair reasons for dismissal include capability to do the job (does the employee have the requisite skills and qualifications?), incompetence, and conduct (was the employee consistently late, absent from work or rude)  Dismissal will automatically be unfair if it is for reasons relating to discrimination, trade union membership or activity and maternity for example. An employee that believes they have been unfairly dismissed may apply to a Tribunal and seek re-instatement or compensation. The time limits by which a case must be brought to tribunal are very strict, as little as three months in some cases and it is therefore very important to act swiftly in obtaining advice and beginning the process.top (C) The Transfer of Takings Regulations These regulations are designed to protect employees in the event that the company they work for is bought out. If this occurs these regulations ensure that: (i) The liabilities of the original employer are transferred to the new employer with regard to the existing employees  (ii) The contracts of employment are transferred to the new owner  (iii) Any affected employees are entitled to consultation regarding the proposed transfer through a nominated representative. If this requirement is not met a tribunal can award compensation to affected employees. (D) Tribunals There are several circumstances in which an individual can apply to an Industrial Tribunal, these include: (i) Redundancy (ii) Unfair Dismissal (iii) Discrimination of grounds of Sex, Race or Disability (iv) Equal Paytop Claims taken to an Industrial Tribunal are subject to strict time limits and it is advisable to act as swiftly as possible in seeking advice and bringing claims. Tribunals also require that you have taken full advantage of any other options open to you in pursuing the matter in question. It is advantageous to ensure that you have fully utilized any internal complaints procedures before you attempt to go to a tribunal. This ensures that the employer is aware of the complaint and has had an opportunity to deal with it prior to the involvement of the tribunal. (E) Discrimination and Victimization Discrimination occurs where people are treated differently based upon a characteristic, group or class to which they belong, for example race, gender, disability and sexuality. Discrimination and Victimization are both situations that will generally result in a person suffering detriment or disadvantage because of a characteristic that they possess. Employers are required to treat employees on individual merit and use fair procedures in recruiting and promoting staff. Discrimination can be divided into two categories, direct and indirect. Direct discrimination arises where an employee suffers detrimental treatment by virtue of their gender, race or disability. For example where a female with superior experience and qualifications is overlooked for promotion in favor of a male.top The law will look at the result of a decision and determine whether discrimination has occurred. The issue of Indirect discrimination is less straightforward and a tribunal would consider several factors. These may include things such as if a smaller percentage of certain groups are able to meet the particular job criteria than is found in other groups of people, if that criteria is justified and reasonable, and also that they have suffered as a result, loss of opportunity for example.  Essentially here the employer is admitting that there has been discrimination of some form, but is stating that this discrimination is necessary for the particular job and is therefore justified.top Trade Union Reform and Employment Rights Act 1993 Under this act a person that is victimized for actions involving Trade Unions - reporting health and safety issues or Working Time Regulations for example, is entitled to take their case to a tribunal and may receive compensation. Sex Discrimination Act 1975 This is deemed to cover gender and sexual orientation issues and protects employees against discrimination on either of these grounds. Employees that believe they have been discriminated against on these grounds are advised to contact the Equal Opportunities Commission. Discrimination includes positive discrimination - favoring one gender is detrimental to the other. Race Relations Act 1976 This covers not only discrimination because of racial and ethnic origin, but also cultural origin, for example favoring English employees over Irish. The Commission for Racial Equality was set up under the 1976 Race Relations Act, with funding from the Home Office. It works to end discrimination and promote racial equality and is a useful point of contact for information on race discrimination issues.top Disability Discrimination Act 1995 If a person has a recognized disability that is know to the employer which they are discriminated against because of they can bring a claim under the protection provided by this Act. top   Copyright 2000 everythingexplained.com

Copyright 2000 everythingexplained.com   Please fill in this form if you have a question you would like answered, or e-mail us at  [email protected] . To Ask Questions: First Name Surname E-mail Address Questions for this Website