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Legal Information Index |
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The English Legal SystemThe Constitution of the United Kingdom The United Kingdom of Great Britain and Northern Ireland is often said to be a country without a written constitution, but this is not strictly true. Law classifications, civil and criminal law, case law, precedents The Rule of Law was said to be adopted as the “unwritten Constitution of Great Britain” Appeal, Court of appeal, Appeal court, Permission, House of Lords, ECtHR What is the Bar Pro Bono Unit? What does it do? Who can get help? What can the Bar Pro Bono Unit help with? Types of Evidence, Hearsay evidence, Real evidence, Testimony Admissibility of expert evidence, Obtaining facilities for inspection by experts, Legal professional privilege The European Court of Human Rights (ECtHR) What is the European Court of Human Rights? What powers does it have in the UK? What rights does it cover? What is the High Court? What decisions does it take? Precedent and hierarchy. How will I be notified? What if I cannot afford to miss work? How to claim your expenses. Magistrates’ Court, advantages, disadvantages, cases, indictable. Moving a case to the Crown Court from the Magistrates' Court for trial What types of cases can be transferred for trial at the Crown Court? How can this be done. Can I choose where my trial is heard? What are they? When are they used? What is Statutory Interpretation? What rules apply to Statutory Interpretation, The Mischief Rule and relevant Case Law What is the UK Supreme Court, its background, the Justices of the Supreme Court, accessibility to the Supreme Court The right to peacefully protest The right to a Peaceful Protest, Marches and Processions, Organisers and Advance Notice, Organiser LawyersWhat is a Barrister? What does a Barrister do? How to I become a Barrister? . The process of making a complaint about a barrister The job of a Solicitor. What does his or her work involve ? Rights of Advocacy and Conveyancing. What is Solicitors code of Conduct? Rules in the code, core duties, the main rules, other rules. Your solicitor's complaints procedure, the LCS, and the Solicitor's Regulation Authority. Can a Solicitor disclose information to the other party in a case? What sort of information can be disclosed? What information will be privileged? Inspection, Documents in control, Standard disclosure The Director of Public Prosecutions The Director of Public Prosecutions (DPP) is the head of service for the Crown Prosecution Service for England and Wales. Local Government and EnvironmentalControl of Major Accidents and Hazards Control of Major Accident Hazards (Amendment) Regulations 2005, Control of Major Accident Hazards Regulations 1999, COMAH Council Powers Related to Nuisance Dogs The Clean Neighbourhoods and Environment Act 2005, Dog Control Orders, Fixed penalty order, Fouling on land, Keeping dogs on leads Environmental Protection: Noise Pollution Environmental Protection Act 1990, Pollution of the Environment, Noise pollution, Section III Environmental Protection Act Environmental Protection: Waste Management What is meant by the environment? Environmental Protection Act 1990, Pollution of the environmentFishing Rights in England and Wales There are laws that govern fishing in England and Wales. WitnessesBeing Subpoenaed to a Criminal Trial Is it against the law not to turn up to court if subpoenaed as a witness? What will happen in court? Being a Witness in a Criminal Trial What is a witness? The Witness Charter, Going to Court, Witness Protection. Children as Witnesses in Criminal Proceedings Competence and Compellability, Youth Justice and Criminal Evidence Act 1999, Evidence under oath, special protection When to employ an expert or professional witness and what is their role? Hearsay Evidence in Criminal Trials Hearsay evidence and the rules relating to it are a very complex part of the law. This article looks at its use in criminal cases What is a pre-trial witness? Will all cases have such an interview? What is the procedure and how long will they last? Witness at Criminal Trials: Can they be forced to give evidence? Can a witness to a crime be forced to give evidence at any trial? What if the witness is afraid of the defendant? The witness protection measures. BusinessAbuse of a Dominant Market Position Abuse of a dominant position, what is a dominant position, what is abuse, exemptions What are Anti-competitive agreements? UK Law, EU Law, Agreements seen as anti-competitive, Exemptions, Block exemptions Tender Process for Public Work Contracts: Applying for Work from a Local Authority or Public Body An overview of company resolutions, Resolution, Special and ordinary, Companies House, Shareholders Product safety and price indications. General obligations, Manufacturers, and the EU. Control of Hazardous Substances at Work Control of Substances Hazardous to Health Regulations 2005, Hazardous Substances, Excluded Substances, Duty of Employers What constitutes corporate manslaughter? Seriousness of the offence, Legal penalty for corporate manslaughter Creditors order of priority in an Insolvency What is liquidation? What is insolvency procedure? Why there is a need for a priority order of creditors? Directors' Liability for Health and Safety Directors, Health and safety, Corporate manslaughter, Fines Director’s duties, conflict of interest, skill care and judgement, Companies Act 2006 How to I ensure my business is complying with the Electronic Commerce (EC Directive) Regulations 2002? What is meant by an economic tort? What are the Economic Torts? Inducement to breach contract Email Information, Mandatory Information, Desirable Information, Email Disclaimers, Confidentiality Notices Employer Access to Employee Health Records As an Employer can I access my employees Medical Records? Maternity Leave and Pay, Legislation, Notice, Commencement, Antenatal Appointments I wish to rent a farm for the purpose of my business. What do I need to be aware of? Different types of finance: equity finance, debt finance, loan, overdraft, Advantages, Disadvantages Floating a company, Going public, IPO, Advantages IPO, Disadvantages IPO, Due diligence, and UK investment exchanges What does forming a limited company involve, What name can you use, the costs of forming a limited company, and how to go about it. Free Movement of Capital with the EU Fundamental freedoms, Free movement of capital, European Union Member States, Internal Market, Single Market, Articles 56 – 60 EC Treaty Free Movement of Goods within the EU EU solidarity, Free Movement of Goods & the Internal Market, Article 28 & 29 of the EC Treaty, Common Standards Free Movement of Services within the EU Free Movement of Services & the Internal Market, Benefits of the Internal Market, Barriers to trade between Member States Free Movement of Workers in the EU EU Solidarity, Free Movement of Workers, What is guaranteed by Article 39? What is meant by a worker? What is insolvency, Causes of insolvency, Individual insolvency measures, Debt relief, Liquidation, Receivership, Administration Internet and email Policy for Business Internet, Use of the Internet & Email, Dangers in abuse of the Internet & Email, Internet Acceptable Use Policy Protection, Legislation, Regulation of Investigatory Powers Act 2000, Interception of Communications, Access to Encrypted Data Copyright, Trade Marks, Patents, Domain Names, What can and cannot be registered, obscene and offensive trade marks Limited Liability Partnerships Limited liability partnership, partnership, benefits, member, LLP What is linking and framing, problems involved, proper way to link and frame, exemptions from asking permission Liquidation:' Winding Up’ a Company What is liquidation? Members’ voluntary liquidation, Creditors’ Voluntary Liquidation What legislation do I need to be aware of when selling products? What requirements do I need to be aware of when selling meat? Mergers: When two companies are combined into one Definition of a merger, UK law, role of the OFT , substantial lessening of competition, course of action, and European markets What is the office of fair trading, roles of the office of fair trading, where can people go if they have problems with a business. What is Passing Off? What are the elements to passing off? If I have already registered my trade mark can I rely on passing off? What is a patent, what ideas can I patent, filing a patent application, steps involved in getting your patent published. A brief description of patent infringement, primary infringement, secondary infringement, exclusive rights, jurisdiction, burden of proof Pay Per Click, Internet Search engine, Key words or phrases, Independent audit, Website, Homepage, Sponsored listings Product Liability and the Consumer Protection Act What is meant by Product Liability?, Common Law Product Liability, Duty of Care in Negligence, Consumer Protection Act 1987 Professional liability. Negligent statements. Avoiding and excluding liability. Limited liability partnerships. Provision of Service Regulations Provisions of services regulations, services, terms of business, contract, complaints Protection of Company Information Database, What is meant by a database, Copyright, Designs and Patents Act Regulated activities within the context of financial services Regulation and the FSA Role and Duties of Company Directors The responsibilities and legal requirements of a company director. How many directors can a company have? The Roles and Duties of Shareholders Annual General Meetings, Voting, Control, Special and Ordinary Resolutions What is one and Does my Business need one in place? Software Development Agreements Software development agreement, software, bespoke, testing, intellectual property, estimates What is a trade mark, what can you trade mark, what are the benefits of trade marks and how do you register a trade mark? Trade Marks: Grounds for Refusal Trade Mark, Absolute Grounds, Refusal, Distinctive Character, Capable of Distinguishing, Public Morality Understanding the Contents of a Commercial Lease Clauses in a commercial lease, VAT, Insurance, Alterations, Rent review, Subletting, Assigning, Code for Leasing Business Premises Sellers and buyers, Excluded terms, Unfair terms in letting agreements. Provision and Use of Work Equipment Regulations 1998, What is meant by Work Equipment? What is meant by Use? VAT evasion, tax evasion, civil evasion penalty, criminal VAT prosecution policy Vicarious Liability: The Liability of an Employer What is vicarious liability? How do we define an employee? How do we define an employer? Independent contractors Warranties and Extended Warranties Statutory Rights under Sale of Goods Act, Extended Warranties, Warranty, repair or replacement Warranty, Statutory Rights under Sale of Goods Act, Extended Warranties Websites for Business Regulations Web server, hosting, Internet Service Providers, In House hosting, Regulations EmploymentACAS: Mediation, conciliation and arbitration What is the purpose of ACAS? Are its decisions legally binding? Conciliation; Arbitration; Mediation. Being a Private Security Guard Do I have similar powers to the police? Can I make arrests and on what grounds can I act against shoplifters? Employment contract, Changes, Implied terms, Express terms, Consultation Constructive Dismissal from Employment What are your remedies? Agencies you can approach and your entitlement to benefits. Making a Claim for Constructive Dismissal How to make your claim have the best chance of success. Criminal Records Checks, types of disclosure and the Criminal Records Bureau. What can be deducted from an employee's wages? What amount to deductions? Procedure to follow if your wages have been deducted. Electricity at Work regulations The Electricity at Work Regulations 1989, Who has responsibilities under the regulations? Employers and the Self Employed, Employees The Employment Agencies Act 1973, Agency workers, Basic Rights and, Paid Leave What is an employment contract, terms in a contract of employment, breaching an employment contract, changes to employment contracts. What is an Employment Tribunal? The Employment Tribunals Service and making a claim at an Employment Tribunal. The Equal Pay Act 1970, equality clauses, remedies, and EU influence Flexible Working in Employment Who is entitled to it? Applying for flexible working arrangements. Other options to take time off work. Garden Leave in Redundancy, Restrictive Covenant, Trade secrets and confidential information The general provisions in the work place, Civil Liability, Vicarious Liability, Management of Health and Safety at Work Regulations 1999 Health and Safety in the Construction Industry Civil Liability, Vicarious liability and Independent Contractors, The Construction (Design and Management) Regulations 2007, The CDM Managing Long Term Sickness at Work Sickness, Statutory sick pay, Pregnancy, Disability, Long term, Absence Maternity Pay, Contractual Maternity Pay, Statutory Maternity Pay, Qualification Criteria, Maternity allowance, Maternity leave, Duration Maternity rules are complex and ever changing, employers and those looking to rely on these rights should pay careful attention to them National Security Vetting and Security Clearance National Security Vetting, National Security Clearance, national intelligence services, terrorist, pressure groups Excessive noise, employment, exposure, Section 6, Control of Noise at Work Regulations Paternal Leave: A Father's Right to Time Off Work after the Birth of a Child Conditions Required for Paternity Leave, Paid or Unpaid, Duration of Leave, Commencement of Leave, Pay entitlement Personal Protective Equipment at Work Personal Protective Equipment Regulations 1992, Personal Protective Equipment Regulations 2002, Protective equipment What is redundancy? Collective redundancies. Redundancies and unfair dismissal. What is Statutory Sick Pay? Who is entitled to it and what are the limitations on entitlement? Transfer of Undertakings (Protection of Employment) Regulations. Transfer of the business, changes in the terms of employment, unfair dismissals Demonstrating a dismissal is reasonable, automatically unfair dismissals, remedies and compensation for unfair dismissals. Working Time Regulations and the Forty-eight Hour Week Working Time Regulations 1998, Workers Under 18, The 48 Hour Week, Opting Out of the 48 Hour week When do I have the right to claim damages for wrongful dismissal? What is the difference between unfair and wrongful dismissal? Civil LawAdmissions of fact, Notice to admit facts, Deemed admission of the authenticity of disclosed documents, Proof of documents Alternative Dispute Resolution Choosing the best form of resolving disputes for the parties; the different forms include mediation, arbitration Alternative Dispute Resolution Methods What are the alternative dispute resolution ways according to the English law More alternatives methods to expensive litigation for resolving disputes What is an ASBO? How long does one last? What if I breach my ASBO? What are your statutory rights when buying goods at an auction? Property auctions, Business auctions. Introduction to civil court appeals, Civil appeals framework, Time for bringing an appeal, Permission to appeal Civil Court Costs: Who is liable? General principles, Interim costs orders, Final costs orders, Quantification of costs Allocation to the Small Claims Track Standard and special directions, determination without a hearing, and costs. Introduction to civil court trials, Pre-trial checklists and fixing the date of the trial, Jury trial, Trial bundles, Hearing in public or private How can I start proceedings in the court, and what are civil procedure rules? What is a claim form and what does it have to contain? Commencement of Civil Proceedings Introduction to commencement of proceedings, Which court? The claim form, Particulars of claim, Issuing the claim form, Filing. Defamation laws, libel, slander, repeating libellous claims, libel and the internet Juries in libel cases, Definitions of defamation used by judges, Disagreements over definitions of defamation, Libel and Slander What is a Drink Banning Order? Who can impose them and what are the penalties for breaching one? Duress by threat is a general defence to any crime but is unavailable if a defendant faces a charge of murder Evidence Admissible in Civil Claims What evidence is admissible in court? Can I give evidence as an expert witness? What other witnesses can be called to give evidence? Allocation to the fast-track, Experts in fast-track claims, Trial bundles, Costs. Introduction to financing litigation; Traditional retainer; Conditional fee agreements What is a Freezing Injunction? How and when can I use one? Hearsay in civil cases: Common law rule against hearsay Common law rule against hearsay; Civil Evidence Act 1995 What is judgment in default? What constitutes default? Excluded cases. Entering default judgment What is judicial review and how can I make a claim? What are the remedies? Do I need permission from to court to apply for Judicial Review? An individual's duty of care to prevent animals which they keep causing harm to others What is mediation procedure? How can I start one? Will I be bound by the settlement agreement? Allocation to the multi-track, Agreed Directions, Case management conference, Control of evidence No win - No fee agreements are also known as Conditional Fee agreements. After-the-event insurance and requirements Seizing assets obtained through criminality What is meant by Private Nuisance, Requirements, Continuous Interference, Unlawful Interference, Interference of the use or enjoyment of Land Is Refusing to Pay for a Restaurant Meal Theft? What is the reason for non payment? Was the food below standard and therefore the restaurant broke their end of the contract? Will the police be called? Types of protective order, breaches of protective orders, aggravating factors, mitigating factors What is public Interest Immunity? Non-disclosure on Public Policy grounds. The test for disclosure where public interest immunity is claimed. Introduction to search orders; Procedure on application for search order; Claimant’s undertaking Shariah - Islamic Law: An Introduction to it in Britain. What is Shariah? How will it affect me if it make an entry into the UK? Special Disclosure Orders: Norwich Pharmacal orders Norwich Pharmacal orders, Pre-action disclosure, Production of documents against non-parties, Inspection of property Statements of Case: What are they and How to Write them? What are statements of case? How to write them? What do statements of case contain? Fourteen days period, Particulars of Claim, Defence, Counterclaim, Reply, Statement of Truth, Striking out Statement of Case The Tort of Deceit: Fraud and Fraudulent Misrepresentation What is meant by fraud or fraudulent misrepresentation?, Tort of Deceit, Example of Deceit, Elements of the Claim, False Representation When to use the small claims track, how to begin a claim, enforcing judgement, and appeals. The Moslem Arbitration Tribunal What is the Muslim Arbitration Tribunal? What type of dispute resolution will the tribunals be involved in? Will in work within the British context? Wrongful interference with Goods The Torts Act 1977, Negligence, Conversion, Interference, and Trespass Contract LawThe material considers what can constitute a breach of contract and what actions are then available to the party What is Capacity in Contract Law? Minors and Capacity in Contract Law, Contracts that can be voided with minors, The Minors Contracts Act Capacity in Contract Law: Mental Illness Mental Capacity Act 2005, Incapacity but not under control, Capable of understanding The High Court case of Ford Motor Co Ltd v AEF Common Law mistake in Contract Mistake, Definition, Common Mistakes, Unilateral Mistakes, Mutual Mistakes , Mistakes relating to Identity What is Consideration in Contract Law? What is the legal definition of Consideration? How is it acknowledged by the courts? Introduction to contract law? What is a contract? When is a contract effective. Contracts containing False Statements and Fraudulent Misrepresentation What happens if I enter a contract containing false statements? Contracts relating to Employment and the Sale of a Business Contracts relating to employment; Contracts relating to the sale of a business Introduction to deeds, Requirements, Consideration Duress and Undue Influence in Contract Law Duress, Undue Influence, Contract, Agreement, Presumption, Financial, Economic Duress, Doctrine of Notice Exemption Clauses in Contract Law What is an Exemption Clause? What are the different types of Exemption Clauses? Interpretation of the Exemption Clause? Contracts promoting sexual immorality, contracts for sex, Immoral contracts What is Legal Intent in Contract Law? Is there Legal Intent in Family and Social arrangement? Is there Legal Intent in Commercial Agreements? Certain types of contract which are regarded as threatening to the institution of marriage are therefore treated as illegal. Offer and Acceptance in Contract Law Certainty in offer and acceptance, Meaningless phrases, Incomplete agreements, Obligations distinguished from ‘machinery’ Product Liability in Contract and in Tort What is product liability in tort and contract? What are the differences? Ratification: Entering into an Unauthorised Contract The principles of ratification, The agent must purport to act on behalf of a principle, The principle must be in existence at the time of the contract Rules of Privity in Contract Law What is Privity in Contract Law? What are the Rules? Exceptions to the Rule of Privity What is meant by Terms and Conditions?, Purpose, Contractual Provisions, Definition, Pricing, Payment Provisions Supply of services, Implied terms, Contract Law, Consumer protection, Title, Correspondence with Description, Sale by Sample, Quality Severance of consideration, Severance of promises, The Blue Pencil Test The Types of Exemption Clauses in Contracts Contract terms, Exclusion clause, Limitation clause, Indemnity clause The Doctrine of Undue Influence Undue influence: The concept; Actual undue influence Criminal LawAppeals in the Magistrates' Court Appeal to the Crown Court, Appeals to the High Court by way of case stated, Application for judicial review Applying for Bail after Conviction when there is a delay in passing sentence The general right to Bail. Does it depend on the severity of the offence. Appeals to the Crown Court if refused in the Magistrates' Court. What are they? When can one be made? What should one do after making a Citizen's Arrest? Common Assault, Actual Bodily Harm and Grievous Bodily Harm The criminal offences of common assault, actual bodily harm (ABH) and grievous bodily harm (GBH). What is community sentencing, and what types are there? The National Probation Service, Probation Officers and what are probation hostels? The general rule, Category 1: where corroboration/care warning is required as a matter of law/obligatory, Category 2: Discretionary care warning The Crown Prosecution Service . What does the CPS do? What is its role in sentencing? What constitutes criminal damage? The types of criminal damage. Recklessness and threats to life. What is a criminal record, spent and unspent convictions and the relevance of criminal records. Who can be cross examined? What is the process of cross examination? Cyberbullying and bullying on mobile phones What is a cyberbullying? What types of cyberbullying are there, and what should you do if you are a victim? The Dangerous Dogs Act 1991, Pit bull terrier type dogs, Out of control dogs, Section 2 of the Dogs Act 1871 The Forgery and Counterfeiting Act 1981, Forging, Copying, Counterfeiting, Using false instrument Football banning order, Football (Offences and Disorder) Act 1999, Public Order Act 1986, Football Spectators Act, Violent Crime Reduction Act Is there any law I need to be aware of as a graffiti artist? What is an indictment? Joinder of counts, Joinder of defendants, Discretion to order separate trials, Misjoinder, Alternative counts, Amendments What is meant by litter? The Offence of Dropping Litter, If I get caught will I face a sanction, Fixed penalty notices The material deals with situations where the Prosecution are resting a case on insufficient evidence. What constitutes outraging public decency? The Police And Criminal Evidence Act 1984 Perverting the Course of Justice What does it involve? Perjury, intimidating witnesses, jurors or the Judge, fabricating evidence Police Community Support Officers (PCSOs) Police Community Support Officer (PCSOs), PCSOs Powers, Police Reform Act 2002, Crime, Anti-social Behaviour, Patrolling, Community Possessing an Offensive Weapon in a Public Place What is an offensive weapon? Defences: lawful authority and reasonable excuse. Maximum sentence upon conviction. What are the power of arrest? Who can be arrested? PACE and limits on police power. A citizen's arrest. Police Entrapment and Court Proceedings What is police entrapment? Is it permitted in the UK? Can it be used as part of my defence? A detainee's rights, being 'verballed', the police offer's duties, the right to inform somebody of your arrest, a break every 8 hours. What is the PNC? How did it start? What type of information does it hold? How can I access the information about me? Police Powers: Entering and searching premises What is entry and search? When is a warrant necessary? Under what circumstances is a warrant not needed? Powers of Security Guards regarding Shoplifting What are the powers of a security guard when dealing with shoplifters? Do they have powers similar to the police? Rights when in custody, Money, Phone calls, Health care, Rights after custody Procedure before sentencing on a guilty plea The main aspect deals with the resolution of disputes where the offender takes issue with the prosecution’s facts on a guilty plea. What is public nuisance? Who are the public? Developments in the law. Racially and Religiously Motivated Attacks Racial and religious offences and aggravated offences? Religion, the law, and incitement to religious hatred. Reporting attacks to the police Removal of 'Spent' Criminal Convictions from a Criminal Record The Rehabilitation of Offenders Act 1974. Spent convictions and having them removed from your record. How the Courts decide on the Sentence to Pass Sentencing: Taking Offences into Consideration when passing Sentence The material deals with the sentencing process where a suspect admits offences other than the ones for which he is being prosecuted. What is shoplifting? Why people shoplift? The consequences for shoplifters. Smoking ban, places of work, what happens if I get caught smoking in a public place Stop and Search: Police Powers What is 'Stop and Search?' When can the police use this power? What are the rules they need to follow? How can you make a complaint? Some 96 per cent of all criminal cases are tried in magistrates’ courts. The procedure is the same, whether the offence is triable only summarily. The article deals with the meaning of suspended sentences What is Terrorism? The burden and standard of proof required. Arrest, Detention, Interviews, Charge, Sentencing. Detention without Charge. The guidelines, Scope of the Turnbull Guidelines, Supporting evidence, The accused’s silence. What is TV licensing? Can I get a refund on my television licence? Detector vans. The Misuse of Drugs Act 1991, Classes of drugs, Offences and penalties. Is it an offence to waste police time? What is the penalty for doing this? Who can be considered as a young offender, causes of youth offence, pre-court proceedings for youth offenders SexualCottaging and the Law in the UK Cruising, Voyeurism, Penalties for "Cottaging," Legal rights. Persons who "groom" children with the ultimate intention of meeting them to commit a substantive sex offence What is homosexuality? How does the law deal with it? Countries where homosexuality is still a criminal offence. What are immoral earnings? How are immoral earnings gained? What is being done about prostitution and immoral earnings? Personal Liberty and a Miscarriage Every citizen in England and Wales is entitled to their personal liberty of Justice What action should you take if you have been raped? Will the person who raped you go to prison and should I report the crime? Street Prostitution and Kerb Crawling Is prostitution legal in the UK? What are the related activities which are illegal? What offences committed by Kerb Crawling? Rape, sexual assault and assault by penetration Sexual Offences and the Age of Consent Sexual offences, consent, as a young person do I have a right to confidential advice, is there any protection for people over the age of 16. Discrimination LawWhat is age discrimination? Types of age discrimination. Remedies if you have been discriminated against on grounds of age. An introduction to discrimination law Discrimination based on disability, direct and indirect discrimination, victimisation, discrimination as grievance. Racial, Religious, and because of Sexual Orientation The Race Relations Act 1976 What constitutes sex discrimination? Who bears responsibility for it? Victimisation. What you should do if you are a victim. Family LawThe Welfare Principle in Family Law The material considers the welfare principle in family proceedings, including when such is to be applied and the consideration it involves. AdoptionWho is eligible to adopt? Are any people ineligible? How lengthy is the adoption process? The Adoption panel and the decision. How to apply, Who is eligible, Gay couples, Consent of the child involved, travel to the UK for abortions to be carried out. ChildrenHow does UK abortion Law legislate? Regulations doctors follow to carry out terminations. The 1967 Abortion Act What is the law regarding a parent's right to access to their children? What are the rights of people in common law marriages? Affiliation Orders: a single woman’s claims on the father of her child What are affiliation orders? How do they work and how have they changed because of DNA ? Can the surname of a child be changed? What is the procedure? Does the father have to give his consent? What are child assessment orders? Child Welfare: The Welfare Check list It is given high regard and the courts will almost always base their decisions on the results of the questions posed under the welfare checklist. Local Authority Support for Children and Families: Powers and Duties A local authority has not only a moral duty but a legal duty to protect the children within their designated area Private Law Orders the Courts' Issue to Protect Children: General Principles under the Children Act 1989 What is a maintenance order? Child support agency, Reciprocal Enforcement of Maintenance Orders, Enforcing maintenance orders. Parenthood: Who are legally my parents? The law accepts three types of parents: Genetic, gestational and social. What is parental responsibility? Examples of parental responsibilities. Unmarried fathers rights to access to their children. Pre Divorce Maintenance Orders Maintenance order for spouse before divorce, application pursuant to Matrimonial Causes Act 1973 s27 Private law orders the courts issue to protect children General Principles under the Children Act 1989 School Admissions, The Admissions Code, Admissions Process, Objections, Oversubscription, Special Educational Needs The meanings of surrogacy and surrogacy agreement are considered as well as the effect in terms of legal parenthood of the child. Welfare Reform Bill and its Impact on Father’s Rights in relation to Parental Responsibility. Child AbductionThere are three provisions that have been put in place for the protection and safe return of abducted children that apply internationally HM Government has brought in measures to reduce the risk of child abduction This article looks at the measures that have been introduced by the British Government in more detail. DivorceDistribution of Family Assets by a Court on Divorce Family assets, Court discretion, Orders on family assets, Matrimonial home, Matrimonial home rights Divorce and effects on the family, division of property Divorce procedure, stages involved, decree nisi and decree absolute. Divorce procedure: India vs. the UK What are the grounds for divorce in India. Does religion have any effect on the law? Similarities between the two countries. What grounds are necessary to file for divorce? Why choose separation, legal separation, effects on the family. MarriageWhat is a civil partnership? What rights does couples in a civil partnership have? Similarities to marriage. The rights of cohabiting couples. How are their financial affairs affected? Gay and lesbian couples. Students and cohabitation. What is a 'common law marriage'? Does it have any legal status? Possible changes in the law. Domestic agreements: The leading case in this category is Balfour v Balfour. Marriage: Formation and Dissolution Marriage, Formation of marriage, Solemnisation of marriage, Consequences of marriage, Void and voidable marriages What is a prenuptial agreement, Enforcement of prenuptial agreement in England and Wales, s 25(2) of the Matrimonial Causes Act FinancialAn Attachment of Earnings Order What are the prerequisites of an attachment to earnings order? Attachable earnings, excluded earnings and unemployment. Bailiffs: Do they have any Legal Powers? What are Bailiffs? When can they be used and what can they do? Bank Accounts: Can a Bank Refuse to Open an Account for someone? Can a bank refuse to open a bank account for me? In what circumstances is the bank allowed to do this? Bank Charges: What was the UK Supreme Court's Ruling? What did the court say? Who has responsibility over the legality of bank charges? Is the case closed? Bank Charges: Can I still reclaim them after the 2009 Supreme Court Ruling? What does the ruling mean? Can I still reclaim my bank charges? Which charges can still be reclaimed? How do I go about this? Bank Obligations to its Customers What is the relationship between the banker and the customer? Does a bank have any duties of care with respect to the customer? I What is a Bank Reference? Does your bank have an obligation to provide you with one? What if your bank does not regard you as 'low risk'? Bank References: Obtaining one How to obtain a Bank Reference. What will it say? What is bankruptcy and what are the effects of bankruptcy. Why file for bankruptcy and how to file for bankruptcy What is a Charging Order?, Property that can be the subject of a Charging Order, Council tax and charging orders, and the powers of the court. Charitable trusts, Charitable purpose, Public benefit, Charitable trustee Consumer Credit Act, Fixed credit agreement, Statements What are they and how can I benefit? What is a debt relief order? How can one be obtained? Who is eligible and who would benefit most from a debt relief order? What is an equity release scheme? Who can benefit from equity release? How can I benefit? A quick guide to the FSA Their use in letting agreements and mortgages What types of identity crimes are there? What’s the difference between identity theft and identity fraud? How much can I bring in without arousing suspicion? Can I purchase tobacco online instead? Can I pay the taxes due? Inheritance Tax, Inheritance Tax Threshold, couples and civil partners, who has to pay the inheritance tax Inheritance Tax: Do I pay it on gifts I make? What is meant by a gift, Gifts before I die, Exempt beneficiaries, Annual exemption, Exempt gifts Insolvency for Individuals: Collective and Enforcement Insolvency What is personal insolvency? How do I declare myself bankrupt? Will the bankruptcy be discharged? What is an IVA? Who would apply for an IVA? How can I apply for an IVA? What debts are an IVA able to clear? Money Claim Online (MCOL) is Her Majesty’s Court Service online service for Claimant’s and Defendant’s. Refunds of Bank Reimbursements What is the procedure with banking in the sale of goods transaction? Can the bank refuse to pay the credit? Where one party (the trustee) is ordered in equity to hold property for the benefit of another party (the beneficiary) Land and Property LawHomelessnessBecoming Intentionally Homeless Priority and no priority need, local authority housing, homelessness Land LawBuying and Selling Land and the Law Buying and selling registered and unregistered land. Conveyance and the law. The Conveyance of Registered Land Registration, Notice, Restriction, Possessory, Absolute, Qualified, Proprietorship, Property What is legally my land? Minerals and mines, Wild animals, Water, Airspace, and Trees, plants and flowers. Does a Caravan need Planning Permission before it is kept in your Garden? Types of planning permission. The use of the caravan. Is it permanent or temporary? What are easements and how can I claim one? Can I claim easement after a continuous use of the land? Estates and Interests in Land and The Law Equitable interest, Legal Interests, Proprietary/ personal rights, Freehold, Leasehold Getting Neglected Land Cleaned Up How to go about getting land that has been neglected cleaned up Items found on Land: Who owns them? Who has ownership rights over objects found on land What Liability do I have towards other people entering my property? Public right of Access to private land The 'right to roam' in the United Kingdom. Your right to have access to private land in England and Wales. What is unregistered land and the registration process. What are the different forms of trespass? What constitutes trespass? The damages that can be sought LandlordWhen a Landlord wants to take a Property back into his Possession What is a lodger? Are they classified as 'sub-tenants'? What rights do they have? Does a lodger affect council tax? Protecting a tenants deposit, rights laid out in tenancy agreements, landlords repairing obligations, non paying tenants. What is a 'Notice to Quit.' What are its contents? Section 8 Notice and Section 21 Notice. Selling a Property with Sitting Tenants What if I have inherited a property with a sitting tenant? How does a sitting tenant affect the selling process? The Law regarding Squatters and Adverse Possession Adverse possession is the process by which the title of land is transferred to another without the permission of the paper owner Squatters and the Law regarding their removal What you can do upon discovering a squatter. The law regarding their removal. Empty and abandoned properties. PropertyBailment defined, Licences, Finders, Involuntary recipients, Unsolicited Goods and Services Acts. Buying the freehold of a leasehold flat Importance of extension and enfranchisement, Qualifying conditions for buying the freehold, Individual and collective enfranchisement. What is a 'Deed of Confirmation'? How can one be obtained? What about any inaccuracies in the document? Conflict with Neighbours: Action You Can Take If You Have Disagreements with Your Neighbours What is the reason for most disputes? How can any conflict be managed? What is conveyancing procedure? Pre-contract searches and enquiries, Standard requisitions and pre-completion searches Conveyancing – Leasehold Title: Good and Absolute Leasehold as opposed to Freehold, Rights and Responsibilities, Title, Registry, Administration. Creating an Express Trust: The Basics Certainties, Formalities, Express trust, Constructive trust, Resulting trust, Statutory trust, Testator What is the process of being evicted because you are not paying your mortgage? What is a 'Lock Out Agreement'? When do they need to be used? What to do if you cannot afford to pay your mortgage. What requires planning permission and what does not. Where and how do I apply? Property ownership and planning permission. Land boundaries, fences, trees and bushes, access, Royal Institute of Chartered Surveyors. What is a Restrictive Covenant? What types of Restrictive Covenant exist? Finding out whether land is affected. What you should do if you cannot find your title deeds. TenantsCan a couple cohabiting buy a property together? What other options do they have? The rights of cohabiting couples. Joint Tenancy: Protection Against Eviction When Sharing Accommodation What are joint tenancies? What protection is offered by the law to all occupants? What should be in a tenancy agreement? The purpose of a tenancy agreement. Kinds of tenancy agreement. What should it include? Tenancy in common or joint tenancy, inheritance tax benefits of becoming tenants in common. What are Tenancy Deposit Schemes? How does the law affect them? What is required of a landlord? How do they protect tenants' deposits? Tenants whose Landlords are in Mortgage Arrears If a tenant has been paying their rent but their landlord is in mortgage arrears can they face eviction? Immigration and NationalityBritish Nationals Abroad and TravelWhat help will they offer to UK Nationals? What will the British Embassy not be able to do? What is dual nationality? Is it permitted in the UK? What are its advantages and are there any disadvantages? What are my rights if my flight is cancelled or severely delayed? CitizenshipTypes of UK citizenship, dual nationality, British subjects, British Nationality Act 1981, Commonwealth citizenship. The electoral roll, or register, lists all those who have registered to vote in a certain area, its purpose, elections, and fraud prevention. What is covered in the test? What happens if I fail? How many time can I take the 'life in the UK' test? Naturalisation: How an Alien Can Become a British Citizen What is naturalisation? The scope of naturalisation. The life in the UK test. Requisites for naturalisation. Visas for the United KingdomWill you be eligible for a student visa? What documents are required for the application? Can I work on a student visa? How to apply for a visa for the United Kingdom. Types of UK visas. Documents needed and sponsorship. Law StudentsWhat is the route to becoming a solicitor? The Legal Practice Course (LPC), specialisation, law firms, partners. Becoming a Solicitor without a university degree How can you become a solicitor without going to university? This is done by qualifying as a Legal Executive with the Institute of Legal Executives How will my student loan repayments be made?, Payment Calculation, When will the repayments begin? The GDL or Law Conversion Course Can you still become a solicitor or barrister without a law degree? What is the GDL or Law Conversion Course? What are the entry requirements? Media LawThe advertising standards agency, its role in regulating advertising Aggravate Trespass and Photographers Trespass, Aggravated Trespass, photographers, film crews Broadcasting: Regulation of Television and Radio Media Office of Communications, What is meant by the Office of Communications?, Specific Duties of Ofcom Contempt of Court, What is meant by Contempt of Court? What needs to be shown to prove contempt of court? What is the Contempt of Court Act? Section 11 of the contempt of court Act 1981. What different kinds of work can be the subject of copyright? What if the author of the work is unknown? Durations of copyright. Copyright Infringement: Remedies and Defences What constitutes copyright infringement? Secondary infringement, remedies, and exemptions. Copyright Licensing and the Copyright Licensing Agency The Copyright Licensing Agency, The Music Industry, The Film Industry, Copyright Licensing, What is meant by a Copyright Licence? Obscene, Indecent or Racially or Religiously Offensive Material and the freedom to express it. The Freedom of Information Act 2000 and the statutory right to access information which is held by pubic authorities The Risk of Media Identification of Crime Suspects Identifying crime suspects, dangers of the inference of guilt, ACPO guidelines on police naming crime suspects, Queen’s Bench 1991 ruling Media Identification of Individuals assisting the Police The Serious Organised Crime and Police Act 2005, informant and witness protection from media identification, the Coroners and Justice Bill 2009 Official Secrets Act 1911 & 1989, Official Information, What is meant by Official Information, Protected Categories of Information Police and Photographers: Conflict on the Street Street trouble, press photographers, citizen photographers, obstructing the highway, obstructing the police Privacy Considerations for Photography and Filming Photography, filming, paparazzi, the Press Complaints Commission Code of Practice, and Protection Against Harassment Protection of journalists' sources Journalistic Sources. What is meant by a Journalistic Source? Why are they offered protection? Regulation and self-regulation of the media Statutory regulation of broadcast journalism by Ofcom, BBC Editorial Guidelines, Press Complaints Commission and the Editor’s Code Terrorism Act 2000: Section 44 searches and Photographers Police powers under section 44 of Terrorism Act 2000, use of section 44 powers against photographers The release of prosecution material to the media Prosecution material released to media, 2005 Crown Prosecution Service protocol, public interest in court cases Restrictions on Reporting, The Open Court Rule, Can hearings be held in Private? Does the Human Rights Act have a part to play? The Self Regulation of the Press Self Regulation, Press Standards Board of Finance, Functions, Press Complaints Commission MotoringWhat is classified as an abandoned vehicle? Nuisance vehicles. Do the council have an obligation to remove abandoned vehicles? When can I be breath tested? What happens if I refuse a breath test? How much alcohol can you drink before going over the limit? What constitutes what is often referred to as 'driving without due care and attention' and what penalties can a court impose? Claiming against the driver at fault after a RTA How to claim against the at-fault party insurers. Legal Expenses Cover, What to do with your vehicle damage, Making a personal injury claim, What are the legal requirements? Licence and insurance. Navigation and maps. Road rules. What is drug driving? Testing for drug driving. Prosecution for driving under the influence of drugs. The penalties for drug driving. Endorsable and non-endorsable penalties, offences that carry fixed penalties, fine levels. How to appeal against sentence for a motoring offence What does appealing against a motoring offence involve? What are most appeals based on? Can I go to the Crown Court? What is the MIB? What are its legal responsibilities? Making a claim to the MIB Nuisance Parking and Abandoned Vehicles What is meant by Nuisance Parking?, The Clean Neighbourhoods and Environment Act 2005, Exposing Vehicles for Sale on a Road What are the legal protocols after a RTA. Speed Cameras and Speeding Tickets How to avoid the cameras. What can you do if you receive a speeding ticket? Calibration of equipment. Full details of how the scheme operates. PersonalEuthanasia, UK Law, Suicide Act 1961, sentencing, active and passive euthanasia, medically assisted suicide What constitutes a 'Breach of Confidence?' What defence are possible? The public interest reason. Changing your name (Deed Poll) Why change your name, what is a Deed Poll, how to change your name by Deed Poll, updating records after changing your name by. Jurisdiction, Assessing capacity, Making an application. What is damage to your reputation? Defamation and defences against a claim of defamation. What is the Data Protection Act? How does it affect me? How to see what information is held about you and have incorrect information changed. What are your human rights? What can you if they are breached? The Human Rights Act 1998 Image Rights: Is there a right to protect your image? Image and UK law, trade mark, passing off, false endorsement, advertising, Independent Television Commission What is power of attorney, types of power of attorney, who to give power of attorney to, why would you need power of attorney. Individual self defence in the UK. Under what circumstances can self-defence be used? How can force in self-defence be carried out? Trespass to the person, assault, battery, false imprisonment, self-defence, consent, necessity Personal Injury and Clinical NegligenceClinical NegligenceWhat type of actions can be construed as Dental Negligence? How difficult is it to fight and win a dental negligence case? What consists of clinical negligence? What are the possible outcomes? Civil claims or criminal prosecution. Complaining about NHS treatment. Grievances about unprofessional service, poor service, or maladministration with regard to treatment. Vibration White Finger/Hand Arm Vibration Syndrome Vibration White Finger (VWF), Hand Arm Vibration Syndrome (HAVS), symptoms, and the law Personal InjuryWhat is asbestos? How does it cause disease? What treatments is available? Criminal Injuries Compensation Compensation for the victims of crime. Who are the Criminal Injuries Compensation Authority (CICA)? How do the CICA makes their decisions? What are they? What money are you entitled to claim - benefits and compensation. Your employer's responsibility, illness and the environment, negligence, and making a compensation claim Limitation periods on making personal injury claims Personal Injury, Limitation Act 1980, Three years Limitation, Date of Knowledge Exception to the Limitation rule. Personal Injury Compensation: A guide to payouts Personal Injuries, compensation claims, how much will I get in compensation? How are most caused? What is the prognosis? The benefits and compensation you may be entitled to receive. What is whiplash and how does it occur? How long will it last? How to claim compensation? How much will I get? Sports LawSponsorship, Consumption at Sports Grounds, Complete ban on alcohol advertising , Alcohol consumption Ambush Marketing and Event Sponsorship Corporate Sponsorship, Ambush Marketing, Examples of ambush marketing, Legal protection Ambush Marketing and the Olympic Games The London Olympic Games and Paralympic Games Act 2006, Schedule 4, The Olympic Symbol (Protection) Act 1995 The Bosman Decision and the Movement of Footballers between Clubs Bosman Case, Article 39 EC Treaty, Effects of the Decision, Home-grown players rule The Court of Arbitration for Sport Court of Arbitration for Sport, Functions, Disputes, Agreement in Writing, Procedures, Law, Appeals Criminal Acts during a sporting contest Offences against the person, Criteria to establish in the sporting context, Consent As an athlete am I subject to any sanctions Article 11 WADA Code, World Anti-Doping Agency (WADA), Football Association of Wales, UEFA, cycling, athletics How do I become a football agent? FIFA, The FIFA Disciplinary Committee, Court of Arbitration for Sport, Transfer Bans Can the participants in a sport be held liable for negligent acts which they commit while playing the sport? What is the law in the UK and what should I be aware of? Premier League Football Matches on Television Premier League to be played between 3 and 5 pm on a Saturday afternoon are not legally allowed to be shown on television Selling Premiership Television Rights and EU law Football Association Premier League, Television Rights, Collective Selling versus joint selling, Competition Law, Premier League commitments Sponsorship Agreements is Sport Sponsorship Agreements, Key Terms to be included, Issues arising out of sponsorship agreements General Terms and Conditions Ticket Touting, Legislation, Sentencing, Internet Ticket Touting, The World Cup Ticket Touting at Sporting Events Football Fixtures, the Olympic Games, the Fraud Act, Sentencing, the Proceeds of Crime Act The Tobacco Advertising and Promotion Act 2002, EU Directive on Tobacco Advertising and Sponsorship, UK tobacco industry expenditure Unofficial merchandise, Club Badge, Club Name, Club Nickname, Group of players, Individual player Welfare and BenefitsThe Attendance Allowance: Help for the severely disabled What is attendance allowance, qualification for attendance allowance, daytime and night-time disability conditions, and rates Committing benefit fraud, penalties, different types, and suspects The Disability Living Allowance What is the DLA? Making claims, allowance rates, extra benefits, and age limits Who is eligible? How do I apply and what documents do I need? What is legal aid and who is eligible for legal aid? The Independent Living Fund or ILF What is the ILF? Do I qualify and how can I apply? Group 1 and group 2 claims. Public Funding for Criminal Cases Public funding, Criminal cases, Representation, Magistrates court, Legal aid, Access to justice Wills and ProbateCertainty of Subject Matter: A requirement when creating an express trust The requirement of subject matter is one of the three certainties (requirements) that has to be present for an express trust to be valid Costs of challenging a will, Grounds for challenge, What makes an invalid will? Improper procedure, Personal circumstances Certainty of intention: A requirement when creating an express trust The first requirement of the three certainties is the certainty of intention Certainty of Objects: A Requirement to create an express trust Fixed Trust, Discretionary Trust, Certainty of Objects, trust property, Administrative unworkability Changing a will after death. When can a deed of variation be used and is it reliable? Dying intestate, Rule of Intestate, Single, Divorced or Widowed, Unmarried couples, Married with no children The formalities of an express trust Trusts in land/ personality, Testator, beneficiary, formalities, equitable interest Inheritance (Provision for Family and Dependants) Act 1975 Making a Claim, Categories of persons who can apply for reasonable financial provision, Court considerations in assessing application Why make a will, writing a will, changing a will What is a mutual will? Things to include in a mutual will. Making a mutual will. What is Probate? Do I need a Grant of Representation? Applying for a Grant of Probate, Applying for Probate when there is no will. Reasonable Financial Provision and the Inheritance (Provision for Family and Dependants) Act 1975 Reasonable Financial Provision under the Inheritance Act 1975 What are the rules of intestacy? Powers of the personal representatives, Entitlement of spouses, Civil partners Fully secret trust, Half-secret trust, Secret trustee, Legacy |
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