Contact Law blog

August 2010

How does the coroners’ court work?

Following a person’s death, it is standard practice for a doctor to examine the body to determine the cause of death. A coroner will only be used in certain situations, including: (more…)

How is a company wound up?

There are a number of ways in which a company can be wound up. Under the Insolvency Act any shareholder can make an application to have a company wound up on the grounds that is just and equitable to make the application. Legal advice from a company solicitor should be obtained to ensure the application follows all the civil laws that apply to dissolving a company. (more…)

Compensation claims over miscarriages of justice reach the Supreme Court

The Supreme Court is due to hear a number of appeals early next year regarding compensation claims for “miscarriages of justice”. Several cases have recently come before the highest court of the land regarding cases where convicted criminals have been acquitted of a crime following years spent in prison. Many of these individuals are now seeking compensation for their trauma. The appeals centre around the meaning of the phrase “miscarriage of justice” in relation to compensation claims.

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What is the law regarding workplace strikes?

The Trade Disputes Act 1906 gave trade unions legal immunity for actions carried out in furtherance of a trade dispute. The Act basically allowed workers to strike without fearing that they could be sued for a company’s loss, provided the strike met certain criteria. The Conservative government under Margaret Thatcher was responsible for changing the legalities of strikes and while striking was still legal in the late 1980’s, participants in strike action forfeited their right to unemployment pay and income support. (more…)

Appeal for adoption to be restricted to heterosexual couples rejected

The Charity Commission has rejected an application by Catholic Care, the social care organisation of the Diocese of Leeds, for adoption to be restricted to heterosexual couples. Catholic Care wanted exemption from anti-discrimination laws so it could limit the provision of adoption services to homosexual couples on religious grounds. (more…)

What is the process for recovering money owed to me?

If you are owed money and have been unsuccessful in your attempts to have it returned the next step is to write a letter. A solicitor can write this letter for a reasonable fee. This should outline the debt and set a time limit in which the debtor should respond. The letter should also include a preferred repayment schedule. (more…)

What should you do if you are investigated by HM Revenue and Customs?

HM Revenue and Customs (HMRC) attempts to ensure compliance with tax laws and in order to do this it is able to commence civil and criminal investigations into individuals and businesses.

It is advisable that any person being investigated uses a solicitor who can offer legal advice on how best to proceed, what HMRC are entitled to look at, what documents need to be presented, and so on.

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Will a previous case be binding on me?

Legal precedent is a legal principle that means the previous judgements made by courts are binding on subsequent cases. It is an important part of the development of the common law within the UK. A solicitor can explain how this area of civil law and criminal law could impact on any case you are involved with. (more…)

When can you sue someone for defamation?

Defamation occurs when a person’s reputation has been threatened or damaged because an untrue statement about them has been communicated to a third party. The statement must be capable of lowering the person concerned in the estimation of ‘right thinking people’. An insult is not sufficient to be classed as defamation. A person can be sued for two types of defamation: libel and slander. (more…)

What rights do I have against creditors harassing me?

The Office of Fair Trading (OFT) issue Consumer Credit Licences to businesses that lend money to consumers. This is in accordance with civil law. The OFT also issues guidelines on fair and unfair practices, including guidelines for debt collection. If a business is found by the OFT to be using unfair practices in debt collection, they can lose their Consumer Credit Licence. A complainant should take the advice of a solicitor before making a formal complaint about the practices of a company when collecting its debts. (more…)

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