by Damian | Nov 8, 2021 | Uncategorized
What is the definition of a disability for the purposes of employment discrimination? The tribunal set out in Section 6 of the Equality Act 2010 that a person has a disability if they have a physical or mental impairment, and the impairment has a substantial and... 
by Damian | Nov 4, 2021 | Uncategorized
The Court of Appeal has reaffirmed the position that carers are potentially liable of a criminal offence under section 39 of the Sexual Offences Act should they arrange sex services for those they care for. The Court of Protection in the case of The Secretary of State... 
by Damian | Sep 22, 2021 | Uncategorized
What is an Advance Decision? Under the Mental Capacity Act 2005 an advance decision to refuse treatment can be made by an adult that has capacity and this can formerly be recorded. The advance decision would take effect when and if the person making the decision... 
by Damian | Jul 12, 2021 | Uncategorized
Can you make an application to the Court to remove an Executor of a Deceased’s will ? Yes An application to remove an Executor can be made to the Court under S.50 of the Administration of Justice Act 1985, alternatively you can ask the Court to make an order... 
by Damian | Jul 12, 2021 | Uncategorized
The Ministry of Justice is considering a Fee increase from the current £155 for Solicitor represented applicants and £215 individuals respectively, to a flat fee of £273. The law society takes the view that an increase in Fees is without justification. The Law Society... 
by Damian | Jul 2, 2021 | Uncategorized
What is mediation ? Mediation is a form of alternative dispute resolution (ADR) which seeks to engage the parties to a dispute in settlement negotiations outside of the traditional Court process. Mediation is a process where the parties to a dispute agree to enter... 
by Damian | Apr 28, 2021 | Uncategorized
How do you record what share you have in a property? When parties buy a house together they will sign a transfer form called a TR1. Box 10 of the TR1 contains a Declaration of trust. A property can be held as tenants in common in equal shares, unequal shares or as... 
by Damian | Mar 17, 2021 | Uncategorized
A common enquiry we have is that a family member has not appointed a attorney in the form of an LPA and sadly lacks capacity to deal with their affairs. What can be done in order that they obtain authority to deal with their financial and property affairs ? The answer... 
by Damian | Jan 28, 2021 | Uncategorized
If you’ve been watching the recent ITV drama, you’ll know that it covers the story of a woman named Alice whose husband sadly passes away after falling down the stairs off their new home. The drama depicts Alices life in the period following his death with... 
by Damian | Jan 21, 2021 | Uncategorized
Registering the death The first thing that should be done when someone dies is that their Death should be registered. For deaths in England and Wales the death should be registered within 5 days of the death. Due to Covid 19 the appointment with the registrar will be...
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