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…

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…

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: What is a shareholders’ agreement?

January 1st 2021
 

This is a contract between the shareholders in a company, setting out how the company will be owned and run. There is no legal requirement to have a shareholders’ agreement, but they can cover useful areas such as how decisions will be made, dividend payments, who shares can be transferred to (along with how they will be valued) and how funding will be raised. Another advantage is that, unlike articles…

Personal Dispute: Will I have to go to Court for my Professional Negligence claim?

January 1st 2021
 

The majority of professional negligence claims can be resolved directly with professionals or their insurers without the need to issue Court proceedings. Even when proceedings are issued the majority of claims settle before the matter reaches a trial. For more FAQs see here

Landlord and Tenant: How can I get a tenant out of my property?

January 1st 2021
 

This will depend on whether or not the tenant has breached any of the terms of the Tenancy Agreement. If the tenant is in breach of the Tenancy Agreement then we can consider serving a Section 8 Notice in accordance with the Housing Act 1988. If the tenant has not breached any of the terms of the Tenancy Agreement then we can consider serving a Section 21 Notice in accordance…

Corporate and Commercial: What are warranties and indemnities in the context of a business sale?

January 1st 2021
 

Warranties are statements made by the seller of the business about the condition of the business that is being sold. If a warranty turns out to be incorrect and the value of the business is reduced as a result, the buyer can claim damages (money) from the seller to cover the loss in value. Warranties also prompt sellers to give full information in reply to due diligence questions raised by…

Landlord and Tenant: How long will it before I can obtain a Court Order for possession of my property?

January 1st 2021
 

Due to the pandemic, the Coronavirus Act 2020 has been implemented and the rules as to when we can issue court proceedings for possession differ depending on how and if the Tenancy Agreement has been breached. Once proceedings have been issued the claim will first be listed for a review hearing before a possession hearing, upon issuing the claim it can take several weeks depending on the facts of the…

Corporate and Commercial: What is due diligence in the context of a business sale?

January 1st 2021
 

When selling a business, there is no legal requirements for the seller to disclose any issues or liabilities to the buyer. The buyer can ask questions and request information about the business, which is known as due diligence and forms an important part of the process of buying a business. The answers and information provided by the seller allows the buyer to know more about the business and so be…

Landlord and Tenant: Can I re-enter my property without an Order for Possession?

January 1st 2021
 

If you re-enter the property without obtaining an Order for Possession, then the tenant can pursue you for unlawful eviction and claim compensation even if they are in breach of the Tenancy Agreement. It is not wise to re-enter a property without a Possession Order. There is no limitation deadline as to when the tenant might pursue you. For more FAQs see here

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