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…

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

Debt Recovery: Someone is threatening to bankrupt me, what should I do?

January 1st 2021
 

First – do you admit owing the money? If not, then get in touch because where there is a “genuine dispute” as to a debt, a creditor cannot make someone bankrupt (or liquidate a company). However, if you receive any formal documents then there are very strict time limits for responding so don’t delay. If you admit owing the money you may need financial advice as opposed to legal advice.…

Personal Dispute: Can a neighbour enter onto my land without my permission?

January 1st 2021
 

If a neighbour enters your land without your permission then they will be committing the offence of trespass which is a civil wrong (it is rarely a criminal matter) – however if this is a minor trespass and no damage is caused it is unlikely to be necessary to revert to your legal rights. For more FAQs see here

Debt Recovery: Someone can’t pay me – can I bankrupt them?

January 1st 2021
 

The short answer is yes – but only where there isn’t a dispute as to the debt; and there is still a process to follow. You should also consider if bankruptcy is likely to get you paid at a proportionate cost, other options are available. Our debt recovery team can provide you with details of all of the options and costs of the same. For more FAQs see here

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