by Saqib Khan | Nov 28, 2023 | General, Powers of Attorney, Wills
In a world brimming with misinformation, it’s crucial to set the record straight when it comes to legal matters. In the realm of UK law, several misconceptions have gained traction over the years, especially surrounding topics like common law marriage, wills, and inheritance. Let’s dive into these myths and unveil the truth behind them.
Myth #1: Common Law Marriage Holds Legal Weight
One of the most pervasive myths is the notion of “common law marriage.” Many couples believe that living together for a certain period or presenting themselves as married will grant them the same legal rights as legally married couples. However, the reality is quite different.
There is no legal recognition of common law marriage. Regardless of how long a couple has lived together, their legal rights and responsibilities do not mirror those of a married couple. This means that property, assets, and financial matters are not automatically protected by law in the same way they would be for married couples. In case of separation, each partner generally retains ownership of their individual assets, and disputes can become complex without proper legal agreements in place.
Myth #2: Wills Are Only for the Elderly or Wealthy
Another misconception revolves around wills. Many people believe that wills are only necessary for the elderly or those with significant wealth. However, creating a will is a crucial step for anyone who wants to ensure that their wishes are followed after their passing.
A will allows you to decide how your assets will be distributed, nominate guardians for your minor children, and even specify your funeral arrangements. Without a will, your estate will be distributed according to the intestacy rules, which might not align with your wishes. It’s essential to periodically update your will to reflect any changes in your life, such as marriage, divorce, or the birth of children.
Myth #3: Inheritance Laws Apply Equally to Everyone
The belief that inheritance laws apply uniformly to all individuals is another myth that needs debunking. Inheritance laws are influenced by various factors, including marital status, the presence of a will, and the value of the estate.
Spouses and civil partners have certain legal rights to inherit, even if they are not explicitly mentioned in the will. However, cohabiting partners, regardless of the duration of their relationship, do not have the same automatic rights. If you want your partner to inherit, it’s crucial to create a will that clearly outlines your wishes.
Dispelling the Myths: Knowledge is Key
Dispelling these myths is not just about legal accuracy; it’s about empowering individuals to make informed decisions about their relationships, assets, and future. Understanding the truth behind these misconceptions can help individuals protect their interests and their loved ones.
While the UK law might not recognize common law marriage, it does provide options for cohabiting couples to protect their rights through legal agreements. Creating a cohabitation agreement can help clarify ownership of property, financial responsibilities, and arrangements in case of separation.
When it comes to wills and inheritance, it’s never too early to start planning. A will provides you with the agency to distribute your assets according to your wishes and can prevent unnecessary disputes among surviving family members. Remember, creating a will is not just for the wealthy; it’s for anyone who wants to ensure their legacy is preserved as they intended.
In a world where misinformation can lead to unnecessary hardships, understanding the legal realities of common law marriage, wills, and inheritance is paramount. By dispelling these myths and seeking accurate legal advice, individuals can navigate these matters with confidence and security.
Please call our property or wills department depending on what issue you would like to discuss on 0161 850 9911.
by Saqib Khan | Nov 17, 2023 | Employment law, General
In a world where work dynamics are constantly evolving, governments and policymakers play a crucial role in shaping the future of employment. The year 2023 has witnessed a significant stride in this direction with the introduction of the Employment Relations Flexible Working Act. This groundbreaking legislation not only addresses the changing nature of work but also seeks to enhance the well-being of employees and the productivity of businesses. In this blog, we’ll delve into the key aspects and potential impacts of the Employment Relations Flexible Working Act of 2023.
Understanding Flexible Working:
The term “flexible working” refers to a range of work arrangements that enable employees to adapt their work hours, location, or patterns to better suit their personal needs while still fulfilling their job responsibilities. Flexible working arrangements include options such as remote work, compressed work weeks, flexible hours, and job-sharing. These arrangements have gained immense popularity in recent years due to advancements in technology, changing attitudes towards work-life balance, and the need for businesses to remain agile in a competitive environment.
Key Provisions of the Act:
The Employment Relations Flexible Working Act of 2023 recognizes the need for a legal framework that supports flexible working arrangements while ensuring fairness and productivity in the workplace. Some key provisions of the Act include:
- Right to Request Flexible Working: Under this Act, employees have the right to request flexible working arrangements after a specified period of continuous employment. Employers are obligated to consider these requests in good faith and respond promptly, providing clear reasons for any denial.
- Definition of Flexible Working Arrangements: The Act provides a comprehensive definition of flexible working arrangements, ensuring that various options such as remote work, flexible hours, job-sharing, and compressed work weeks are covered.
- Employer Obligations: Employers are required to review and assess the feasibility of flexible working requests, taking into account factors such as business needs, team dynamics, and potential impacts on productivity. The Act emphasizes the importance of maintaining clear communication throughout the process.
- Anti-Discrimination Measures: The Act prohibits discrimination against employees who request flexible working arrangements based on gender, age, disability, or any other protected characteristic. This ensures that the benefits of flexible working are accessible to all.
- Dispute Resolution: The Act outlines a clear process for resolving disputes related to flexible working requests, promoting transparency and fairness in resolving conflicts between employers and employees.
Potential Impacts:
The Employment Relations Flexible Working Act of 2023 holds the potential to create a profound shift in how businesses and employees approach work. Some anticipated impacts include:
- Improved Work-Life Balance: With easier access to flexible working arrangements, employees can better manage their personal and professional lives, leading to reduced stress and improved overall well-being.
- Increased Employee Satisfaction and Retention: Companies that embrace flexible working are likely to attract and retain top talent by offering a more attractive work environment.
- Enhanced Productivity: Research suggests that employees who have control over their work arrangements tend to be more productive and engaged. Flexible working can lead to a motivated and efficient workforce.
- Reduced Carbon Footprint: The Act’s encouragement of remote work and flexible hours can contribute to reduced commuting and office space requirements, resulting in a positive environmental impact.
- Innovation and Diversity: Flexible working can open the doors to a more diverse workforce, including individuals who may have previously been excluded due to traditional work structures.
Conclusion:
The Employment Relations Flexible Working Act of 2023 is a significant step towards aligning employment practices with the evolving needs of modern workers and businesses. By recognizing the importance of flexible working arrangements, this Act has the potential to create a more harmonious and productive work environment while fostering a culture of inclusivity and innovation. As we move forward, it will be crucial to monitor the implementation and effects of the Act to fully understand its implications on the labour market and society as a whole.
If you have any questions about any aspect of employment law, please give us a call on 0161 850 9911.
by Saqib Khan | Nov 14, 2023 | General
Introduction:
In the legal profession, trust is paramount. Clients rely on solicitors to provide them with honest and accurate advice, ensuring their interests are safeguarded. However, in a shocking case from Essex, a solicitor recently faced the severe consequence of being struck off for deceitful conduct towards his clients. This blog delves into the story of this solicitor’s downfall, highlighting the significance of trust and integrity within the legal profession.
The Trusted Advisor:
Solicitors hold a position of authority and responsibility, acting as trusted advisors for their clients. Their ethical and professional conduct is vital in maintaining the integrity of the legal system. Clients turn to solicitors for guidance, seeking clarity and assurance in times of legal uncertainty.
The Betrayal:
In this particular case, a solicitor based in Essex, who had built a reputation over the years, was found guilty of intentionally misleading and lying to his clients. Such conduct undermined the very foundation of trust that clients had placed in him. It is not only an individual’s reputation that was tarnished but also the faith of countless clients in the legal profession as a whole.
The Ripple Effect:
The consequences of the solicitor’s deceitful actions extended far beyond his own career. Clients who had relied on him for legal representation were left not only shocked but also in a precarious position. The impact of his lies potentially affected the outcomes of their cases, causing unnecessary stress, financial burden, and potential legal repercussions.
Legal Ramifications:
When it comes to professional misconduct, the legal system has mechanisms in place to ensure accountability. In this case, the solicitor faced disciplinary action by the Solicitors Regulation Authority (SRA), which resulted in him being struck off the roll of solicitors. Being struck off means that the solicitor is no longer allowed to practice law and is effectively barred from working as a solicitor in the future. This severe penalty serves as a warning to other legal professionals, highlighting the dire consequences of betraying client trust.
Rebuilding Trust:
Instances like these shed light on the importance of trust and integrity within the legal profession. Solicitors must prioritize their ethical obligations and demonstrate unwavering commitment to their clients’ best interests. Rebuilding trust can be a lengthy process, requiring sincere efforts to rectify past wrongs and regain credibility. Remaining transparent, honest, and accountable are crucial steps towards rebuilding the trust that has been shattered.
Conclusion:
The case of the solicitor in Essex who was struck off for lying to his clients serves as a powerful reminder of the vital role trust plays in the legal profession. Clients rely on solicitors to guide them through complex legal matters, and any breach of trust can have far-reaching consequences. It is the duty of legal professionals to uphold the highest standards of integrity, ensuring that clients’ interests are safeguarded and their faith in the legal system remains intact. By learning from these unfortunate incidents, the legal profession can reinforce its commitment to professionalism, ethics, and client-centric service.
If you are concerned that the solicitor you are using is lying to you, give us a call to discuss. We can help!
by Saqib Khan | Oct 31, 2023 | Debt recovery, General, Personal injury
Introduction
In recent years, the legal landscape in the United Kingdom has witnessed significant transformations, and one of the most noteworthy changes has been the extension of Fixed Recoverable Costs (FRC) across a wider range of civil claims. This development, which has been met with both enthusiasm and scepticism, has the potential to reshape the way legal services are delivered and accessed in the UK.
At Khan Mather, we believe it is crucial to explore this groundbreaking shift and its implications for both legal practitioners and clients. In this blog, we will delve into the significance of the extension of FRC, its impact on the legal profession, and what it means for those seeking justice.
Fixed Recoverable Costs: A Brief Overview
Fixed Recoverable Costs (FRC) were initially introduced in the UK as a means to streamline the civil litigation process and promote efficiency. This system aims to provide greater cost certainty to parties involved in legal proceedings, avoiding lengthy and costly disputes over legal fees. FRC primarily applied to lower-value personal injury claims, but its scope has now expanded to encompass a broader range of civil claims, marking a significant shift in the legal landscape.
The Extension of FRC: What Does it Encompass?
The expansion of FRC encompasses a variety of civil claims, including, but not limited to, clinical negligence, housing disrepair, and property disputes. This extension allows a wider range of individuals and organizations to benefit from the predictability and transparency offered by fixed costs.
Key Benefits of the Extended FRC System
- **Cost Certainty**: Clients and legal practitioners alike can now predict legal costs with more accuracy. This brings peace of mind to clients, who can better plan for their legal expenses.
- Speedier Resolution: The FRC system encourages parties to resolve disputes efficiently, as they are aware of the capped costs involved. This promotes quicker resolution and reduces the backlog in the courts.
- Access to Justice: With a wider array of claims now falling under FRC, the legal system becomes more accessible to a broader cross-section of society. This expansion helps level the playing field for individuals and smaller businesses.
- Reduced Costs for Litigants: Lower legal costs are particularly beneficial for individuals with limited financial resources, as it makes it more affordable to pursue a claim.
Impact on Legal Practitioners
The extension of FRC has implications for legal practitioners as well. While some may see this as a potential reduction in fees, it also provides opportunities for innovation and specialization. Law firms may explore more efficient and streamlined processes to deliver quality legal services within the framework of fixed costs.
Challenges and Concerns
As with any significant legal reform, there are challenges and concerns associated with the extension of FRC. Some critics argue that these fixed costs may lead to a decline in the quality of legal representation, as firms may be tempted to cut corners to keep costs within the stipulated limits. Balancing cost control with high-quality legal services remains a key challenge.
Conclusion
The extension of Fixed Recoverable Costs (FRC) across a wider range of civil claims in the UK is a transformative development that offers both opportunities and challenges for the legal profession and its clients. At Khan Mather, we recognize the importance of staying informed about these changes to better serve our clients.
As this new system continues to evolve and establish its place in the UK legal landscape, our commitment to providing expert legal services while adhering to FRC is unwavering. We believe that the extension of FRC represents a positive step towards a more accessible, efficient, and predictable legal system, and we are excited to embrace this change as we continue to advocate for our clients’ best interests.
If you have questions about how FRC may impact your legal case or need expert guidance on a civil claim, our team is here to assist you through this evolving legal landscape. Please give any of us a ring on 0161 850 9911.
by Saqib Khan | Oct 26, 2023 | General
Introduction
In our increasingly busy lives, missed appointments have become more common than we’d like. But what happens when a missed appointment leads to legal consequences? Can you be legally charged for failing to keep an appointment in the United Kingdom? This blog post will explore the legal aspects surrounding missed appointments and the potential repercussions.
Understanding the Basics
To answer the question of whether you can be legally charged for a missed appointment in the UK, we must first distinguish between different types of appointments and the nature of the agreement.
- Medical Appointments: In the case of medical appointments, there is generally no legal consequence for missing an appointment with your doctor or healthcare provider. However, it is courteous to inform them in advance if you cannot make it
- Legal Appointments: When it comes to appointments with legal professionals, such as lawyers or solicitors, it’s crucial to check the terms and conditions of your engagement. These agreements may specify the consequences of missing appointments.
- Business Appointments: In the business world, appointments often involve contractual obligations. Failure to meet these appointments could result in a breach of contract and potential legal consequences.
Breach of Contract
In the UK, if you have a contractual agreement that includes an appointment or meeting as a term, missing that appointment may be considered a breach of contract. The severity of the breach and the consequences depend on the specific circumstances and the terms outlined in the contract. Common contracts that may include appointments are:
- Service Contracts: These may involve appointments with professionals like solicitors, consultants, or contractors. If you miss an appointment specified in the contract, you may be in breach.
- Rental Agreements: Leases or tenancy agreements often include terms for property inspections or maintenance appointments. Failure to attend these may be deemed a breach of your tenancy agreement.
- Employment Contracts: Missing work-related appointments or meetings, such as disciplinary hearings or training sessions, could lead to disciplinary actions.
Consequences for a Breach of Contract
The consequences for breaching a contract due to a missed appointment can vary. They may include:
- Financial Penalties: Some contracts specify a financial penalty for missed appointments. This penalty is typically a predetermined amount.
- Legal Action: In more severe cases, the party that suffered due to your breach of contract may take legal action to recover damages or uphold the terms of the contract.
- Termination: Certain contracts, like employment agreements, may result in termination if appointments are consistently missed, depending on the severity of the breach.
Preventing Legal Issues
To avoid potential legal problems arising from missed appointments, consider the following:
- Read and Understand Contracts: Always carefully review any contract or agreement to understand the terms and obligations, including those related to appointments.
- Communicate in Advance: If you anticipate missing an appointment, communicate your situation as soon as possible to reschedule or make alternative arrangements.
- Seek Legal Advice: If you’re uncertain about your rights and obligations in a specific contract, consult with a legal professional to gain a clear understanding of your legal position.
Conclusion
In the United Kingdom, the legal consequences of missing an appointment depend on the nature of the appointment, the terms of the contract, and the specific circumstances. While missing a medical appointment may not result in legal charges, missed appointments with legal or business implications can lead to contractual breaches and potential legal consequences. It is essential to be aware of your contractual obligations and to communicate promptly if you are unable to attend a scheduled appointment. To avoid potential legal issues, always seek legal advice when in doubt about your rights and responsibilities.
Please call us if you have a concern regarding a possible breach of contract on 0161 850 9911.
by Saqib Khan | Oct 19, 2023 | General
Introduction
In today’s digital age, the ease of buying and selling items privately, whether through online marketplaces or classified ads, has become a common practice. However, there are situations where you may have paid for an item privately and, to your disappointment, never received it. If you find yourself in this predicament, it’s important to know your rights and potential remedies under UK law. In this blog, we’ll explore the legal options available to you when a privately purchased item doesn’t arrive as expected.
- The Importance of a Written Agreement
In many private sales, especially when buying from individuals rather than businesses, there may not be a formal contract in place. However, it’s crucial to maintain a written record of the transaction. This can include emails, text messages, or other forms of communication that confirm the details of the agreement, including the price, item description, and any agreed-upon delivery arrangements.
- Sale of Goods Act 1979 (Consumer Rights Act 2015)
Under UK law, when you purchase an item privately, the Sale of Goods Act 1979 (now incorporated into the Consumer Rights Act 2015) provides protection for consumers. This legislation requires that the item you purchase must be:
– As described: The item should match the description provided by the seller.
– Of satisfactory quality: The item should be of reasonable quality and free from defects.
– Fit for purpose: The item should be suitable for the purpose you discussed with the seller.
If the item you’ve paid for doesn’t meet these criteria, you may have legal grounds for a refund or compensation.
- Resolving the Issue Amicably
Before pursuing legal action, it’s often advisable to attempt an amicable resolution with the seller. Communicate the issue, express your concerns, and request a resolution, such as a refund or the delivery of the item. A polite and professional approach can sometimes lead to a mutually beneficial solution.
- The Small Claims Court
If you’ve exhausted all avenues for an amicable resolution and the seller remains uncooperative, you may consider taking your case to the Small Claims Court. This is a cost-effective way to pursue your rights without the need for a solicitor, making it accessible to individuals.
To do this:
– Ensure that the item’s value does not exceed the maximum limit for small claims court (usually £10,000).
– File a claim through the government’s Money Claim Online service.
– Present your evidence, including any written agreements and communication with the seller.
If the court rules in your favour, you may be entitled to a refund or compensation.
- Online Marketplaces and Payment Services
If you made the purchase through an online marketplace or used a payment service like PayPal, be aware that they often have buyer protection programs. These services may offer avenues to resolve disputes and recover your funds.
- Learning from the Experience
While it can be frustrating and disheartening when a privately purchased item doesn’t arrive as expected, you can take steps to protect yourself in future transactions:
– Always maintain a written record of the transaction.
– Use secure payment methods.
– Read and understand the terms and conditions of the platform through which you’re making the purchase.
– Be cautious of deals that seem too good to be true, and do your research on the seller.
Conclusion
When buying items privately in the UK, it’s essential to be aware of your rights and the legal recourse available if the item you’ve paid for doesn’t arrive as promised. By understanding the Sale of Goods Act 1979 (Consumer Rights Act 2015), attempting amicable resolutions, and knowing the options for legal recourse, you can protect your interests and ensure a fair outcome in your transaction disputes. As always, consult with one of our experienced solicitors for advice specific to your situation on 0161 850 9911. We are also able to undertake your claim in the small claims court on your behalf to save you all of the trouble and uncertainty.
