Frequently Asked Questions

How do I get to see my children?

January 9th 2021
 

By Agreement: Most parents don’t need a court order setting out the arrangements for them to see their children. We would recommend that any separating parents try to agree the arrangements before the separation and tell the children together what is going to happen. It is useful to have a year planner and plan several months in advance. Try to include special days like birthdays, mother’s day, father’s day and…

Personal Injury: What compensation am I entitled to?

January 3rd 2021
 

If you are successful in your claim you are entitled to compensation for your injuries to include your pain, suffering and loss of amenity. In addition you are entitled to claim for your out of pocket expenses incurred as a result of your injuries to include for example your loss of earnings, treatment/medical expenses, travel expenses, care and attendance, adaptations to the home and future losses. Our specialist personal injury…

Corporate and Commercial: Should I buy/sell the shares in a company or just its business and assets?

January 3rd 2021
 

When selling shares in a company, the entire business, including all assets and liabilities of the company all transfer to the buyer. Sellers tend to prefer this approach as it is a cleaner break for them and ensure they retain no liabilities going forward. A business and asset sale involves only specified business assets and liabilities of the company being transferred to the buyer. The company itself remains with the…

Debt Recovery: My partner is being made bankrupt – does that affect our house or my own assets?

January 1st 2021
 

The precise answer to this will depend on the detail. A share of jointly owned assets can form part of a bankrupt estate – but the ability to enforce against that asset has restrictions. Similarly, a Trustee in Bankruptcy can review historic transactions of a Bankrupt person to reclaim assets into a bankrupt estate. You should take advice on your own specific circumstances, especially if there is any claim threatened…

Personal Dispute: What can I do to prevent the neighbour carrying out works on the boundary line? / Can I work on the boundary line?

January 1st 2021
 

There is a law known as the “Party Wall Act” which sets out a procedure for carrying out certain works at or near to a boundary. A surveyor can advise you if the Act is likely to apply – if so, it is important to comply with it. It makes sure a mechanism for how works are to be carried out is recorded, thus avoiding the scope for a dispute…

Personal Injury: How do I fund my claim?

January 1st 2021
 

We will advise you on all funding options that may be available to include no win, no fee funding (Conditional Fee Agreement) and legal expenses insurance funding where available.  For more FAQs see here

Debt Recovery: I want to wind-up my limited company. How do I do this and what are the potential personal consequences?

January 1st 2021
 

The legal process to wind up a limited company may seem as a straight-forward technical process. However, the consequences should always be reviewed – have you give any personal guarantees; and what are your financial interests in the company? At the same time, it is an offence to continue to trade a company which is insolvent. Your accountants can best advise if this threshold is met. For more FAQs see…

Property: What is the different between Leasehold and Freehold properties?

January 1st 2021
 

Ownership of leasehold property is determined by the Lease entered into between the Landlord and the Tenant.   It means that the freeholder owns the ground and sometimes the structural parts of the building and the tenant owns the internal parts of the relevant property but sometimes the tenant does have responsibilities regarding repair and maintenance. For more FAQs see here

Personal Injury: Can I choose my own Solicitor to act for me or do I have to use a Solicitor recommended by my insurance company?

January 1st 2021
 

You are free to choose whatever Solicitor you like, according to EU law.  It is important that you choose a Solicitor who specialises in high value and catastrophic injury cases and has the relevant expertise.  For more FAQs see here

Business Dispute: My business is in dispute with one of our partners. Can we just throw them out of the partnership?

January 1st 2021
 

Short answer: Only if it’s allowed in a written partnership agreement. A written partnership agreement is the governing document which sets out what you can and can’t do, and how to do it. If you don’t follow those terms you will be in breach, regardless of how bad the other partner’s conduct was. If you haven’t got a written agreement, technically the law doesn’t allow “expulsion” of a partner –…

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