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Tuesday 31 July 2018

CLAIMANTS OF 9/11 TERRORIST ATTACKS SUCCEED IN PURSUANT ORDER

Hi, it’s Deborah and Euzi.The claimant representatives or relatives of the victims of the September 11,  2001 terrorist attacks (9/11) in New York succeeded in their application for an order, pursuant to CPR 6.16(1), dispensing with the service of a claim form on the defendants, the Republic of Iran and others. The claim sought to recover amounts due to the 9/11 victims from the defendants pursuant to a judgment from a court in the US. The Commercial Court, in granting the claimants' application, ruled that, on the facts, the defendants were aware of the US judgment and of efforts to enforce it, and that there were exceptional circumstances which justified dispensing with service of the claim form, including the Foreign & Commonwealth Office's inability, despite several attempts, to serve the defendants in Iran in the normal way.

#affordablelawforyou #freelegaladvice #bespokelegaladvice #legaladvicefordivorcematters #legaladviceforlandlordandtenantmatters #legaladviceforemploymentmatters #mackenziefriend #helpingyoutopreparetoattendatcourt

BREXIT UPDATE

Hi, it's Deborah and Euzi. Brexit update:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/718359/Technical_Note_Coordination_on_External_Security.pdf

#affordablelawforyou #freelegaladvice #bespokelegaladvice #legaladvicefordivorcematters #legaladviceforlandlordandtenantmatters #legaladviceforemploymentmatters #mackenziefriend #helpingyoutopreparetoattendatcourt

Monday 30 July 2018

ALWAYS BE HONEST IN COURT

Hi, it’s Deborah and Euzi. A Claimant was ordered to pay the Defendant’s cost of the whole claim for serious dishonesty. We know we keep saying ‘always be honest in Court’. This is why!


#affordablelawforyou #freelegaladvice #bespokelegaladvice #legaladvicefordivorcematters #legaladviceforlandlordandtenantmatters #legaladviceforemploymentmatters #mackenziefriend #helpingyoutopreparetoattendatcourt

BREXIT - EU PROPOSALS

Hi! It’s Deborah and Euzi! Brexit update: EU proposals

https://ec.europa.eu/info/sites/info/files/brexit-legislative-preparedness-proposals.pdf


#affordablelawforyou #freelegaladvice #bespokelegaladvice #legaladvicefordivorcematters #legaladviceforlandlordandtenantmatters #legaladviceforemploymentmatters #mackenziefriend #helpingyoutopreparetoattendatcourt

Sunday 29 July 2018

FINANCE BILL PUBLICATION

Hi, it’s Deborah and Euzi. There is a new draft Finance Bill going through Parliament which has been published. Are you interested in the possible ways this bill can affect you? Capital gain tax,  income tax exemptions for emergency vehicles, exemption for workplace charging of battery vehicles, amendments to corporate interest restriction rules, corporation tax relief for carried-forward losses. income tax, and rent a room relief are just a few of them.

For more information go to:


#affordablelawforyou #freelegaladvice #bespokelegaladvice #legaladvicefordivorcematters #legaladviceforlandlordandtenantmatters #legaladviceforemploymentmatters #mackenziefriend #helpingyoutopreparetoattendatcourt




BREXIT - EU CITIZENS LIVING IN THE UK

Hi! It’s Deborah and Euzi! Brexit update: EU citizens living in the UK

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/718237/EU_Settlement_Scheme_SOI_June_2018.pdf


#affordablelawforyou #freelegaladvice #bespokelegaladvice #legaladvicefordivorcematters #legaladviceforlandlordandtenantmatters #legaladviceforemploymentmatters #mackenziefriend #helpingyoutopreparetoattendatcourt

Saturday 28 July 2018

BREXIT UPDATE

Hi! It’s Deborah and Euzi! Brexit update:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/717697/Joint_Statement_-_19_June_2018.pdf


#affordablelawforyou #freelegaladvice #bespokelegaladvice #legaladvicefordivorcematters #legaladviceforlandlordandtenantmatters #legaladviceforemploymentmatters #mackenziefriend #helpingyoutopreparetoattendatcourt

Friday 27 July 2018

GOOD NEWS: COURT FEES REDUCED

Hi! It’s Deborah and Euzi! Ooohoo! For once, good news! Court fees are being reduced in Court protection matters and in fees of personal injury claims.

For more information go to:

https://www.gov.uk/government/speeches/courts-update-by-lucy-fraser-qc-mp?utm_source=a46554c2-995f-40f5-8998-0a59d657f901&utm_medium=email&utm_campaign=govuk-notifications&utm_content=immediate

#affordablelawforyou #freelegaladvice #bespokelegaladvice #legaladvicefordivorcematters #legaladviceforlandlordandtenantmatters #legaladviceforemploymentmatters #mackenziefriend #helpingyoutopreparetoattendatcourt

BREXIT UPDATE


Brexit update:

https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:52018PC0312&from=EN

#affordablelawforyou #freelegaladvice #bespokelegaladvice #legaladvicefordivorcematters #legaladviceforlandlordandtenantmatters #legaladviceforemploymentmatters #mackenziefriend #helpingyoutopreparetoattendatcourt


BREXIT : SUSTAINABLE FISHERIES FOR FUTURE GENERATIONS

Hi! It’s Deborah and Euzi! Brexit update: Several policy and preparatory documents have been published by the negotiating teams in the UK and the EU in recent weeks and a further White Paper is expected from the UK government next week. We will post samples of the most recent publications.

https://www.gov.uk/government/consultations/fisheries-white-paper-sustainable-fisheries-for-future-generations

#affordablelawforyou #freelegaladvice #bespokelegaladvice #legaladvicefordivorcematters #legaladviceforlandlordandtenantmatters #legaladviceforemploymentmatters #mackenziefriend #helpingyoutopreparetoattendatcourt

WORKING THROUGH THE HEATWAVE

Hi, It’s Deborah and Euzi. When is it too hot to work?? The Workplace (Health, Safety and Welfare) Regulations 1992, SI 1992/3004 stipulate that employers must legally provide a ‘reasonable’ temperature in the workplace. The regulations, however, do not specify what temperatures fall into the bracket of ‘reasonable’. Instead one has to look to the Approved Code of Practice (ACoP), which recommends a minimum workplace temperature of 16C, and 13C for high labour-intensive work.

For more information go to:

#affordablelawforyou #freelegaladvice #bespokelegaladvice #legaladvicefordivorcematters #legaladviceforlandlordandtenantmatters #legaladviceforemploymentmatters #mackenziefriend

#helpingyoutopreparetoattendatcourt

Thursday 26 July 2018

BREXIT UPDATE

Hi! It’s Deborah and Euzi! Here’s another Brexit update:

https://www.gov.uk/eu-withdrawal-act-2018-statutory-instruments/the-freedom-of-information-act-2000-amendment-eu-exit-regulations-2018

#affordablelawforyou #freelegaladvice #bespokelegaladvice #legaladvicefordivorcematters #legaladviceforlandlordandtenantmatters #legaladviceforemploymentmatters #mackenziefriend #helpingyoutopreparetoattendatcourt

.

Wednesday 25 July 2018

BREXIT UPDATES

Hi! It’s Deborah and Euzi! Here’s another Brexit development:

https://www.gov.uk/eu-withdrawal-act-2018-statutory-instruments/the-feed-in-tariffs-and-contracts-for-difference-amendment-eu-exit-regulations-2018

#affordablelawforyou #freelegaladvice #bespokelegaladvice #legaladvicefordivorcematters #legaladviceforlandlordandtenantmatters #legaladviceforemploymentmatters #mackenziefriend #helpingyoutopreparetoattendatcourt
.

Tuesday 24 July 2018

BREXIT AND THE INFRASTRUCTURE CONSORTIUM

Hi! It’s Deborah and Euzi! Another Brexit development:


#affordablelawforyou #freelegaladvice #bespokelegaladvice #legaladvicefordivorcematters #legaladviceforlandlordandtenantmatters #legaladviceforemploymentmatters #mackenziefriend #helpingyoutopreparetoattendatcourt
.

Monday 23 July 2018

BREXIT AND THE CULTURAL TESTS

Hi! It’s Deborah and Euzi! We like to keep you up to date with the latest Brexit developments! Here’s one of them:

https://www.gov.uk/eu-withdrawal-act-2018-statutory-instruments/the-cultural-tests-films-television-programmes-and-video-games-amendment-eu-exit-regulations-2018

#affordablelawforyou #freelegaladvice #bespokelegaladvice #legaladvicefordivorcematters #legaladviceforlandlordandtenantmatters #legaladviceforemploymentmatters #mackenziefriend #helpingyoutopreparetoattendatcourt
.

Sunday 22 July 2018

JEHOVAH'S WITNESSES AND DATA PROTECTION

Hi! It’s Deborah and Euzi! Important ruling! In a recent case following an appeal by the Finnish arm of Jehovah’s
Witnesses, the Court of Justice of the European Union said that Jehovah’s Witnesses must gain consent from
householders before collecting their data. Religious groups can be exempt from data protection
requirements when communicating with believers within their own community. However, the Court ruled that
door-to-door proselytising is “ directed outwards from the private setting of the members who engage in preaching”
and therefore is not exempt.


For more information go to:








#affordablelawforyou #freelegaladvice #bespokelegaladvice #legaladvicefordivorcematters
#legaladviceforlandlordandtenantmatters #legaladviceforemploymentmatters #mackenziefriend
#helpingyoutopreparetoattendatcourt
.

Saturday 21 July 2018

SURROGACY CHILDREN

Hi! It’s Deborah and Euzi! What do you think the Courts would consider when dealing with surrogacy children
when parents get divorced? Interestingly in the case of twin children, born pursuant to a surrogacy
agreement, it was not possible to grant a parental order either in favour of the
respondent parents, or the applicant stepfather. Accordingly, the Family Division,
in granting various orders, made the children wards of Court!


For more information go to:

http://www.familylawweek.co.uk/site.aspx?i=ed190618

#affordablelawforyou #freelegaladvice #bespokelegaladvice #legaladvicefordivorcematters
#legaladviceforlandlordandtenantmatters #legaladviceforemploymentmatters #mackenziefriend
#helpingyoutopreparetoattendatcourt

Friday 20 July 2018

CAN A SPOUSE CLAIM FOR FINANCIAL PROVISION AFTER BEING DIVORCED FOR MORE THAN 20 YEARS?

Hi! It’s Deborah and Euzi! Do you think that a spouse can claim financial provision from  his/her ex even if they
have been divorced for more than 20 years? In a recent case an ex-husband brought a claim for financial provision
in circumstances where, among other things, his ex-wife had made a significant financial and material contribution
to the care of their children throughout their childhood and beyond, and where she had provided additional support
to the ex-husband.


For more information on the Courts decision go to:

http://www.familylawweek.co.uk/site.aspx?i=ed190501

#affordablelawforyou #freelegaladvice #bespokelegaladvice #legaladvicefordivorcematters
#legaladviceforlandlordandtenantmatters #legaladviceforemploymentmatters #mackenziefriend
#helpingyoutopreparetoattendatcourt

Thursday 19 July 2018

ZERO CONTRACT HOURS - RIGHT TO AVERAGE PAY WHILST SUSPENDED

Hi! It’s Deborah and Euzi!  The Employment Appeal Tribunal (the EAT) ruled on an appeal
concerning an employer's obligation to pay an employee, who worked under a zero
hours' contract,  during a disciplinary suspension, when, unknown to the employer,
the employee had obtained other work. The EAT, in dismissing the employer's appeal
against the employment tribunal's decision upholding the employee's claim of
una Hi uthorised deductions from wages, held that the employee had been entitled to
accept other employment, that she had been under no obligation to notify the employer
of that fact, and that, where the employer could not point to any conduct on the part of
the employee that would have entitled it to summarily dismiss her, the employee was
entitled to be paid for the period of the disciplinary suspension.


For more information go to:
https://assets.publishing.service.gov.uk/media/5b2a5faded915d2cbae4b028/
Rice_Shack_Ltd_v_Miss_D_Obi_UKEAT_0240_17_DM.pdf


#affordablelawforyou #freelegaladvice #bespokelegaladvice #legaladvicefordivorcematters
#legaladviceforlandlordandtenantmatters #legaladviceforemploymentmatters #mackenziefriend
#helpingyoutopreparetoattendatcourt

Wednesday 18 July 2018

GOVERNMENT PUBLISHES EU WITHDRAWAL BILL

Hi! It’s Deborah and Euzi! The European Union has sent the withdrawal bill. Here is the new act with its explanatory
notes.


https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/714372/1.pdf

#affordablelawforyou #freelegaladvice #bespokelegaladvice #legaladvicefordivorcematters
#legaladviceforlandlordandtenantmatters #legaladviceforemploymentmatters #mackenziefriend
#helpingyoutopreparetoattendatcourt

Monday 16 July 2018

GOVERNMENT DEFEATED OVER HOUSING LEGAL AID

Good news! Government defeated over housing legal aid!

https://www.lawgazette.co.uk/news/were-becoming-simpler-and-smarter-declares-laa-chief-executive/5066640.article

#affordablelawforyou #freelegaladvice #bespokelegaladvice #legaladvicefordivorcematters #legaladviceforlandlordandtenantmatters #legaladviceforemploymentmatters #mackenziefriend #helpingyoutopreparetoattendatcourt

Sunday 15 July 2018

SUPREME COURT MOBILE PHONES DATA RULING

Interesting news!

https://www.theguardian.com/world/2018/jun/23/us-supreme-court-cellphona-data-ruling-privacy

#affordablelawforyou #freelegaladvice #bespokelegaladvice #legaladvicefordivorcematters #legaladviceforlandlordandtenantmatters #legaladviceforemploymentmatters #mackenziefriend #helpingyoutopreparetoattendatcourt

Saturday 14 July 2018

HM LAND REGISTRY UPDATES POWERS OF ATTORNEY

HM Land Registry has released an update on its guidance covering ‘powers of attorney and registered land.

https://www.gov.uk/government/publications/powers-of-attorney-and-registered-land#history

#affordablelawforyou #freelegaladvice #bespokelegaladvice #legaladvicefordivorcematters #legaladviceforlandlordandtenantmatters #legaladviceforemploymentmatters #mackenziefriend #helpingyoutopreparetoattendatcourt

Friday 13 July 2018

HM LAND REGISTRY AMENDS PRACTICE GUIDE

The Land Registry has updated existing practice guides.

https://www.gov.uk/government/publications/leases-when-to-register/practice-guide-25-leases-when-to-register.

#affordablelawforyou #freelegaladvice #bespokelegaladvice #legaladvicefordivorcematters #legaladviceforlandlordandtenantmatters #legaladviceforemploymentmatters #mackenziefriend #helpingyoutopreparetoattendatcourt

Thursday 12 July 2018

SLIDE PRESENT THE EU SPACE RELATED ACTIVITIES POST BREXIT


Are you interested in space? Here are some slides presenting  the EU’s space related activities post Brexit.

https://ec.europa.eu/commission/sites/beta-political/files/slides_on_the_eus_space-related_activities.pdf

#affordablelawforyou #freelegaladvice #bespokelegaladvice #legaladvicefordivorcematters #legaladviceforlandlordandtenantmatters #legaladviceforemploymentmatters #mackenziefriend #helpingyoutopreparetoattendatcourt

Wednesday 11 July 2018

TO INSTRUCT AN EXPERT OR NOT TO INSTRUCT AN EXPERT

Greed in legal proceedings is an interesting thing, some time ago I was assisting a person, who, was being told by the person litigating against them that property owned by both of them was worth a certain amount of money and they wanted X amount or they would not settle the claim.
They were insistent, but provided no proof of the value of the property in question. I am a great one for evidence, that is why I always say to people, make sure you put it in writing, keep your receipts etc.
Anyway as the person litigating against my client would not settle the claim for a reasonable amount, I suggested to my client that they obtained valuations of various items. My client was reluctant to spend the money but an expert valuer provided interesting information. One of the items was valued at 7 times less than the perceived value and other items were valued at 5 times less than the perceived value.
Litigation is difficult, if you are involved in it, sometime it is worth spending a little bit of money to get expert evidence to prove certain aspects of your claim. You are always given the opportunity of obtain expert evidence in Court proceedings though sometimes it is necessary to convince a Judge that an expert is necessary but in the end it could prove beneficial in providing proof so that the true value of a claim can be assessed.
If you think this post may assist someone please share it.

IS IT WORTH ATTEMPTING MEDIATION

Some time ago I assisted a couple at the free legal advice service by doing a bit of mediation. NOW I MUST MAKE IT CLEAR that I am not a trained mediator and this was made clear to both parties but ,one having been quoted £25,000 and the other £20,000 in Solicitors' fees and one having started the process of mediation, but, it failing, I think they thought "what do I have to lose". Obviously different people have different approaches but I could see that both parties were great parents so I started from the point of the positive. Four meetings later they agreed to enter into an agreement in an amicable manner with both parties getting some of what they wanted and understanding that on other matters they needed to compromise, the children have not been used as pawns and with the exception of a bit of petrol and shoe leather and a small fee to a firm of Solicitors the matter has Resolved saving a joint figure in legal fees of round £44,600.00
Being angry and wanting revenge is expensive, Of course when relationships break down people feel hurt and betrayed but if you can mediate it is quicker and you can get on with your life, I know that can be hard but so is being embroiled in legal proceedings for weeks on end. It is a lot cheaper, there is little point "winning" if you are utterly stony broke at the end of it and have destroyed your relationship with your children. It is less stressful, is it really worth making yourself mentally ill over it, isn't the grief alone regarding the breakup enough to contend with
Mediation will not always work but at least give it a go. I am now assisting someone with a mediation they have to go to. I have got them to provide a case summary setting out clearly their incoming and outgoings, their contribution to bills etc. If you want a one off figure to finalise a relationship, all well and good, but, you do have to prove that you put something more into the relationship other than the beauty of your smile.
Writing things down clarifies matters in your mind, helps you focus and provides you with a starting point of what it is you want at the end of the relationship. Remember we are talking about what you need financially not emotionally.

MEAT INDUSTRY CAN'T BE TRUSTED TO ENSURE UNCONTAMINATED MEAT

Are you a meat eater?

https://www.unison.org.uk/news/press-release/2018/06/consumers-risk-contaminated-diseased-meat/

#affordablelawforyou #freelegaladvice #bespokelegaladvice #legaladvicefordivorcematters #legaladviceforlandlordandtenantmatters #legaladviceforemploymentmatters #mackenziefriend #helpingyoutopreparetoattendatcourt

Tuesday 10 July 2018

JAIL TIME TO TRAVEL AGENT

A ‘crooked’ travel agent who defrauded and stole thousands of pounds from unsuspecting holidaymakers has landed himself behind bars for 25 months after Brent and Harrow Trading Standards uncovered a ‘massive’ fraudulent operation run by Markhor Traders Limited (MTL)

https://www.tradingstandards.uk/news-policy/news-room/2018/one-way-ticket-to-prison-for-crooked-travel-agent-who-stole-almost-70k-from-unsuspecting-holidaymakers

#affordablelawforyou #freelegaladvice #bespokelegaladvice #legaladvicefordivorcematters #legaladviceforlandlordandtenantmatters #legaladviceforemploymentmatters #mackenziefriend #helpingyoutopreparetoattendatcourt

Monday 9 July 2018

STATEMENT OF INTENT CONCERNING SETTLED STATUS FOR EU CITIZENS AND THEIR FAMILIES

Statement of intent concerning settled status for EU citizens and their families.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/718237/EU_Settlement_Scheme_SOI_June_2018.pdf

#affordablelawforyou #freelegaladvice #bespokelegaladvice #legaladvicefordivorcematters #legaladviceforlandlordandtenantmatters #legaladviceforemploymentmatters #mackenziefriend #helpingyoutopreparetoattendatcourt

Sunday 8 July 2018

TOUR OPERATOR NOT LIABLE FOR INJURIES FOLLOWING FALL FROM BALCONY

Good morning! There has been a recent case where a tour operator was not liable for injuries after a fall from a balcony at a hotel.

For the the results of the case, go to: [2018] EWCA Civ 1177

#affordablelawforyou #freelegaladvice #bespokelegaladvice #legaladvicefordivorcematters #legaladviceforlandlordandtenantmatters #legaladviceforemploymentmatters #mackenziefriend #helpingyoutopreparetoattendatcourt

Saturday 7 July 2018

BREXIT - MAINTAINING CIVIL JUDICIAL COOPERATION

Good morning! The Department for Exiting the European Union has published a policy paper outlining the UK’s proposals for continued civil judicial cooperation post-Brexit.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/715834/Framework_for_the_UK-EU_partnership_Civil_judicial_cooperation.pdf


#affordablelawforyou #freelegaladvice #bespokelegaladvice #legaladvicefordivorcematters #legaladviceforlandlordandtenantmatters #legaladviceforemploymentmatters #mackenziefriend #helpingyoutopreparetoattendatcourt

Friday 6 July 2018

TORT - EMPLOYERS DUTY OF CARE

Do you think that your employer has interfered with your internet accounts? There has been  a new case dealing with multiple claims flowing from a settlement agreement, the Court found a company negligent in having breached its duty of care, owed to an ex-employee, by interfering with personal internet accounts.

For further information go to: [2018] EWHC 1446 (Ch)


#affordablelawforyou #freelegaladvice #bespokelegaladvice #legaladvicefordivorcematters #legaladviceforlandlordandtenantmatters #legaladviceforemploymentmatters #mackenziefriend #helpingyoutopreparetoattendatcourt

Thursday 5 July 2018

WRITTEN WARNING FOR ABSENCES NOT JUSTIFIED

Do you think that written warning for sickness absences is justified? Check this recent case where it was decided that it is not justified:


#affordablelawforyou #freelegaladvice #bespokelegaladvice #legaladvicefordivorcematters #legaladviceforlandlordandtenantmatters #legaladviceforemploymentmatters #mackenziefriend #helpingyoutopreparetoattendatcourt