A private company limited by shares is a legal entity that has no physical presence. It can only act through its directors and at least one of them must be a natural person. So what happens when the sole director of a company dies? How will the company continue to trade if there is no officer to act on its behalf?
A bond is an insurance policy put in place to protect the person whom the deputyship is for.
Once you have been appointed as deputy by the Court of Protection, as part of the Court overseeing the deputyship they may ask one of the Court of Protection visitors to meet with you for an assurance visit.
What happens if, during an employee’s absence on maternity leave, an employer discovers that an employee had not been doing the work they should have been doing or, alternatively, finds that their maternity cover replacement is much better at the job?
A consumer is a person who purchases goods, services or digital content for their personal use and not as part of their business, profession, trade or craft. Law considers consumers to be in a weaker bargaining position in relation to traders and therefore offers them broader protections in an effort to bring balance to the trader-consumer relationship.
Specifically the Court looked at whether the provisions were valid or not. If the OPG is unsure about a certain provision included in a Lasting Power of Attorney they can make an application to Court to ask a Judge to make a ruling.
It is a practice of many employers to suspend employees who they suspect have committed an act of gross or serious misconduct.
However, many employers are unaware that by suspending an employee they may be exposing themselves to claims for constructive unfair dismissal.
For most people who are appointed either as an attorney or deputy, a difficulty can arise over a question of gifts and the authority to make them.
Gifts are part of everyday life and there are many reasons why someone would make a gift. If someone does lack capacity and has a deputy or attorney in place there are strict rules about what gifts can be made.
One of the lead stories on BBC 1 Breakfast this morning was about the overhaul of UK data protection laws.
British citizens will soon have more rights to control what is done with personal information about them. The UK data protection watchdog is also to get new powers and will be able to levy higher fines.
Holiday pay legislation is a hot topic for many and as businesses and workers start planning leave for the summer holidays, it is essential to know the basics of holiday rights in employment.
Here are 10 key facts which you should know.
During the life of a Court dispute, it is often the case that parties will be asked to grant an extension or will be seeking an extension of time to take a particular step. What should you do?
A hot topic within the employment sector is the question of whether ‘sleeping time’ should be classed as ‘working time’ for the purpose of National Minimum Wage Regulations (NMWR).
The aim of this deliberation is to determine whether employees should be paid for hours spent sleeping whilst technically being ‘at work’. Many would declare that their dream job would be getting paid to sleep, but is there a valid argument to support this?
The law provides greater protection for consumers when they enter into contracts with businesses than it does when businesses contract with other businesses.
Residential care home clients are invariably “customers” and not businesses. So these additional protections need to be kept in mind when drafting and preparing the contractual terms which are to govern the relationship between the residential care home and its residents.
A nine month review into the world of work has been announced, which will hope to set out new employment rights for workers in the gig economy.
Tony Blair’s former policy chief, Matthew Taylor, has called on the Government to close a legal loophole which allows agencies such as Uber and Deliveroo to pay gig economy workers less than direct employees doing the same jobs.
59 year old Pauline Smith, from Dukinfield, has won a claim of medical negligence against Central Manchester University Hospitals NHS Trust following the death of her 33 year old son. A father of three, Scott Broadbent had an initial consultation when he moved to a new GP practice and mentioned that he had a limp.…
The basic position is that for claims which have been allocated to the Small Claims Track, usually with a monetary value of less than £10,000, the Court will not order a party to pay fees or expenses to the other party, subject to certain exceptions.
One of those exceptions is if the Court thinks a party has behaved unreasonably.
Landlords and Tenants should take heed of the importance of complying with the legal requirements centring around the protection of tenancy deposits.
As most Landlords will be aware, any deposit paid in connection with an Assured Short-hold Tenancy since 6th April 2007 must be registered with an authorised Tenancy Deposit Scheme. The Tenant must be provided with prescribed information within 30 days of receipt of the deposit. Landlords are required to register the deposit within 30 days of receipt.
As a background to this cross-border capacity case, P lived in Portugal with his sister. The Court had ordered that P was to return to the UK, where he was from, however his sister disagreed with this Order.
This was an appeal for which the Court had to consider whether the original Order made was a good way of getting him back to the UK. They also had to look at whether returning to the UK was still in P’s best interests.
A Will should be reviewed every three to five years. It must reflect your current circumstances and take into account any changes in your life and the current law.
We list eight common reasons to review your Will.
Each year, thousands of Brits are cold called or approached in the street to be hailed as “competition” winners or presented with offers of “free holidays”. The catch being you have to attend a presentation in order to claim your “prize”.
The presentation is a high pressure sales pitch which can last several hours with many people finding it difficult to leave without signing up for a Timeshare, a decision they often later live to regret.