On the face of it, comparison sites would therefore be helpful to assist the public in finding the right solicitor, especially as there are now a number of accreditation schems run by the Law Society. One recent welcome addition to this accreditation or Qaulity Assurance is the Conveyancing Quality Scheme. For some 20 years now, conveyancing charges have been falling to a point where, bearing in mind the work involved, it is virtually impossible to do the work properly and make any money with charges at £300.00 plus vat or even less.

Consequently, corners get cut and this creates long term problems. Cheap costs dear as with most things in life. This new standard is significant in that the public unfortunately will often go for the cheapest option notwithstanding warnings about the dangers. The CQS scheme almost certainly means that solicitors and licensed conveyancers who don’t attain this standard, which is regularly reviewed, will not be allowed to act for lenders.

There are many solicitor comparison sites now springing up, as with such sites for almost everything. It can be very dangerous, as suggested above, to view buying legal services in the same way as buying insurance, price is not everything. Unfortunately, the first wave of these sites still seem to be intent on comparing largely on price, and those (we won’t name them here) that claim they vet solicitors objectively, are also paid by those solicitors for membership of their panel, so perhaps results should be treated with circumspect.

There are thousands of conveyancers in England & wales, whether solicitors or licensed conveyancers. Prices differ quite considerably with some lawyers incredibly offering, ion the face of it, to adct for as little as £250.00 plus vat. Not only is this often a ruse because costs are added in other areas where they shouldn’t be, by merging legal fees with disbursements (the amounts the solicitors pay out on the client’s behalf for searches and such like) but there have to be question marks about the level of legal attention given to the matter and service levels.

Quite simply, as we all know on one level or another, you get what you pay for, and going with a cut price solution when it comes to any kind of legal matter is rarely a good idea. The frustration for solicitors is that clients do not understand that to undertake a conveyancing matter properly, whether sale or purchase and not a combination of both, will take up to 10 hours of work for property lawyers. If you work out the hourly rate and then factor in business overheads such as staff, professional insurance and such like, even at say £750.00 plus vat, conveyancing really pays very little for solicitors.

Setting aside costs for a moment, how can you tell if a conveyancer is any good ? This question has been helped to a degree by a far more stringent approach by lenders, as solicitors for buyers commonly also act for the buyer’s lenders. Many lenders are not removing firms from their panel of solicitors who they have checked and do not meet their standards or who have a poor disciplinary record.

One simple and effective new method available to check the quality of conveyancing solicitors is now that there is a Law Society accreditation, the Conveyancing quality standard, which means that any firm which has that accreditation has been carefully checked for competence and efficiency by the Law Society and, perhaps even more importantly, this monitoring is undertaken on an ongoing basis.

Constructive Dismissal arises when an employee is left with no choice but to resign from their job due to the conduct and behaviour of their employers. When this happens it is treated as if the employee was dismissed by the employer themselves, allowing for a claim to be made for Unfair Dismissal or Wrongful Dismissal, should the appropriate criteria be met.

To be able to claim constructive dismissal is it necessary to show that the conduct and behaviour of the employer was so bad that it can be considered to be a fundamental breach of contract. Examples of such conduct include:

• They stop paying your wages.
• They force you to accept unreasonable changes to your conditions of employment relating to matters such as location, working hours or responsibilities.
• They fail to stop bullying or harassment against you within the workplace.
• They make you work in dangerous conditions.
• They set you impossible targets, or other similar actions which make it impossible to perform your duties.

Think carefully before resigning (and take advice)

Conduct leading to constructive dismissal may either be through one serious incident or it could be the last in a series of minor incidents that overall can be considered to be serious.

It must be stressed that if a situation arises where you feel you must leave your job, that final decision should be the last resort. Unless the conditions are absolutely intolerable, any tribunal will have expected you to have spoken with your manager or human resources department to try and resolve the problem. By being constructive and attempting to resolve the problem, any Tribunal will be more favourable should you then bring a claim for constructive dismissal.

Once decided, you need to act fast

If the matter cannot be resolved, then it is advisable to leave the job as soon as possible. This is because an employer could argue that by staying you agreed and accepted the conduct or behaviour and therefore there are no grounds for constructive dismissal, however you should be careful not to ‘jump the gun’ and resign before the actual breach of contract takes place. Always seek legal advice as every set of circumstances is different and you want to make sure that you are acting in a way that is best for you. Once you resign you forgo your employment rights so you must seek advice before doing so.

How does it work in the Employment Tribunal ?

A claim to the Tribunal for constructive dismissal must be made within 3 months from the date of termination, after which they are unlikely to extend the time period to allow you to make a complaint.

It must be noted that since constructive dismissal merely proves that you were dismissed, it is still necessary to show the other elements needed to bring a claim for unfair or wrongful dismissal. These include:

• Showing you were actually employed by the employer and were not simply a casual or temporary worker, or self employed freelancer.
• That you were employed for at least 1 year (unless you fall under certain exceptions)
• That the employer had no good reason to dismiss you.

If it can be shown that you fulfil all the criteria then you would be able to make a claim for constructive dismissal.

Compensation for unfair dismissal

Compensation for constructive dismissal is as it would be for any other unfair or wrongful dismissal. A Tribunal could award one of 3 remedies:

1. Reinstatement – placing you back into your old job and paying compensation for loss of wages for the time spent out of the job.
2. Re-engagement – placing you in a similar job with the employer.
3. Compensation.

The most common of these remedies is that of compensation. Constructive dismissal is no different than any other claim under unfair dismissal where the compensation is based upon the actual loss suffered, primarily being your loss of earnings, including possible future earnings that you would have had from the time you were dismissed until the time you were able to secure another suitable position. This is to put you back in the position you would have been in had you not been unfairly dismissed.

Any award of compensation is made up of a basic award and a compensatory award. The maximum compensatory award that a Tribunal can now give is £68,400.

Need to mitigate loss

It should be noted that as with any type of claim, you must mitigate your losses. In this case you would need to try and find suitable employment elsewhere to prevent your losses increasing.

How can Employment lawyers help ?

Darlingtons Solicitors provide a substantive service to our clients in this area, including:

• Advice as to your position in a job and whether there are grounds for constructive dismissal.
• Advice on how to attempt to resolve any issues before resigning.
• Mediating between the parties to come to a resolution.
• Advice on making a claim to the Employment Tribunal
• Guiding you through the process of a claim, from application to final hearing.

Intellectual property (which is commonly abbreviated to IP) is a dynamic complicated area of the law.  However, it is important for any business, of any size – from the smallest sole tradership wanting to protect its trademark, to the biggest business wanting to apply for a patent on an invention they have come up with.

Intellectual property can be thought of in the same way as “physical property”; it is capable of being bought and sold, licensed and leased.  It is also something that can be stolen.

What services can intellectual property solicitors help with ?

Intellectual property solicitors provide a comprehensive range of intellectual property services, including:

• Intellectual property audits, to make sure you are aware of your IP rights, exploit hitherto unexploited opportunities (such as leasing unused IP rights) and not infringing other’s IP rights.
• Drafting of and advice intellectual property leases and licenses
• Drafting of and advice on franchising, agency and distribution agreements
• Advice on research and collaboration agreements
• Patent applications and enforcement both home and abroad
• Domestic and international searches for patent applications
• Trademark applications and enforcement both home and abroad
• World-wide counterfeit IP monitoring
• Advice on website law and domain protection
• Intellectual property dispute resolution
• Advice on data protection law
• International intellectual property advice

Partnership Act 1890

“A partnership is the relation which subsists between persons carrying on a business in common with a view of profit”. Section 1 of Partnership Act 1890.

A partnership arises when a number of individuals are in business together, rather than in an employer-employee relationship. The legislation governing partnerships is the Partnership Act 1890.

A partnership relationship can only arise by mutual consent. The agreement which gives rise to the partnership relationship may be express or inferred from the parties’ conduct.

Under the Partnership Act 1890, there is no formal registration process for partnerships and no obligation to make the accounts of the business public. Unlike a company, there is requirement of a memorandum of association or articles of association.

A partnership need not necessarily be recognised as such by the parties since the existence of a partnership depends on whether or not the definition contained in section 1 of the Partnership Act 1890 applies. Section 1 states that a ‘partnership is the relation which subsists between persons carrying on a business in common with a view of profit’.

An example of the effect of section 1 is the case of Khan v Miah [2000] 1 WLR 2123 in which the House of Lords held that a partnership in the case had been established even though the business in question (a restaurant) had not opened before the partnership between the parties had broken down.

Partnerships are generally created for the following:

1) a specific purpose or for a set amount of time;

2) for it to continue for as long as the parties wish (‘partnership at will’)

Partnerships do not enjoy separate legal personality such as other company structures and that means that the liabilities for the debts of the partnership are unlimited and are shared by the partners jointly and severally. Therefore, if the debts of the partnership become un-manageable the directors may become personally liable and may even be liable for their partners share of the debt.

Under the Partnership Act 1890, the following legal rights and responsibilities are enshrined to the partners:

1) the right to be involved in making decisions which affect the business;

2) the right to share in the profits of the business;

3) the right to examine the accounts of the business;

4) the right to insist on openness and honesty from fellow partners;

5) the right to veto the introduction of a new partner; and

6) the responsibility for sharing any losses made by the business.

These rights and responsibilities can be varied by a ‘Partnership Agreement’. A partnership agreement should be seen as a key document in any partnership as this enshrines the rights and responsibilities of the partners and can act as a constitution for the business.

Whereas the Partnership Act 1890 sets out a basic framework for the governance of a partnership, a partnership agreement can be much more specific to the business being pursued by the partners.

In the absence of a partnership agreement, all profits and losses in the partnership are to be shared equally between all the partners irrespective of how much work they have individually put into the business. Under English law, any change in the make up of the partnership automatically terminates that partnership. In the absence of an agreement to the contrary, the withdrawal of a partner or a partner’s death or bankruptcy means that the partnership is dissolved. If a new partner is admitted to the partnership, the partnership ends and a new one is created.

A retired partner remains liable for debts incurred in the partnership before his departure and remains so after his departure if it appears to the third party that he is still a partner or holds himself out to be one. A new partner entering the partnership is not liable to creditors for any debt incurred before his joining the partnership.

A partnership agreement is a key document and, for the reasons mentioned above, should be drafted at the beginning of any partnership.

Overall, a partnership can be a very successful way in which to run your business due to the relative ease of incorporation, not being required to publicise the accounts of the business and the non-disclosure of partners. However, due to the antiquated Partnership Act 1890, in the 21^st century business world, the only suitable way for the partners to protect themselves and their business is to have a partnership agreement in place which can shore up the partners rights and responsibilities to the partnership.

Tough new powers have been given to the Information Commissioner’s office this week to fine up to £500,000.00 in the case of unsolicited and unwanted marketing phone calls or emails to consumers. Recent cases suggest that the Commissioner is ready to get tough in an overall increased regulatory and enforcement environment.

The new powers are created by an amendment to the Privacy and Electronic Communications Regulations (PECR) which governs direct forms of electronic marketing and the changes will come into effect on 25th May 2011, so organisations need to get ready and ensure policies and procedures are checked and tightened up..

There are differences between telephone and email marketing. With telephone marketing the individual receiving the call needs to be asked whether they want to opt out, whereas with email campaigns the individual contacted needs to specifically opt in.

Historically many companies seem to have taken the view that non-compliance with ICO rules is so widespread that they need not worry due to safety in numbers. Whilst it may be correct that it is unlikely fines will be at the higher end for smaller companies and minor breaches, it would be unwise to treat this as just another bout of sabre rattling and so specific legal advice should be sought if in any doubt.

This is an important decision.  You need to feel able to relate to your divorce lawyer and most importantly, you need to feel listened too.  The most expensive lawyer is not necessarily the best lawyer.  Ask friends and family for advice and recommendation but listen to your instincts.  You must feel more comfortable and secure to proceed.

At Lloyd Platt & Co, we are conscious that choosing the right divorce solicitor is the first of many important decisions you will have to make in the divorce process.  We want you to feel supported and able to ask questions without hesitation.  Divorce need not be complicated with the correct approach, and at Lloyd Platt & Co we pride ourselves on being well versed in UK Divorce Law.  In fact, that’s our speciality it’s what we do best.

Although it can be a relatively simple process to deal with a divorce yourself, we believe it is essential that you are made fully aware of your rights.  Failure to deal with all issues could have long term consequences, and could result in return to Court at a future date.  An experienced divorce lawyer will be able to guide you through the divorce process and ensure that your rights are fully protected.  You will have peace of mind when it comes to knowing that you are receiving the best legal advice possible.

We will ask you to come in and meet with us in the first instance.  We recommend that you visit, well prepared for your meeting.  Before you arrive, make a list of your questions, concerns and the goals that you have.  Write down all property and what you want, what arrangements you would like put in place for the children, and how much financial support you believe you need.

Once we have discussed your requirements at our initial meeting, we will explain to you our Terms of Business, and our fee structure.  We will always give you opportunity to consider your position and do not expect you to make a decision regarding instructing this firm at your First Appointment.  We do however have clients who feel ready to begin straightaway and we are able to assist immediately and urgently, should the same be required.

We pride ourselves on our ability to negotiate acceptable divisions of marital property and are experts in the field, engaging Counsel when we consider it is in your best interest to do so.  For us, a successful outcome is a content client able to move on with their lives free from the negative emotions that can arise from marital breakdown.

The location of your divorce lawyer is less important these days.  Most communication will be via email and telephone, so you should choose a lawyer for their knowledge of Divorce and Family Law, and their communication skills, rather than where they are based.

The Method

There are several available approaches to marital breakdown you may care to consider:-

• A trusted Lawyer can play a big part in helping sort out issues involving the care of children, the home and finances.  We have specialists in different areas of Family Law such as divorce, finance, domestic abuse or international asset cases.  They will adopt a traditional negotiation/litigation stance.
• Mediators can help you and your partner work things out together; they will help you identify the issues of conflict between you and help you to resolve those whilst remaining impartial.  As your family lawyer, we would be able to recommend a mediator that we are familiar with.
• Collaborative Lawyers work with you, your partner and your partners’ lawyer in a series of face to face negotiations to help you resolve your family disputes.  Here at Lloyd Platt & Co we undertake collaborative law and can assist you in this regard, if this is your method of choice.

The Process

In order to obtain a divorce in England and Wales, a party needs to show that they have been married for more than a year and that their marriage has irretrievably broken down.

In order to prove a marriage or a civil partnership to have broken down, one of the following reasons needs to be present.

• Your spouse has committed adultery and you find it intolerable to live together
• Unreasonable behaviour in that your spouse has behaved in such a way that you cannot be expected to live together.
• Your spouse has deserted you for at least 2 years
• You have been living apart for 2 years and your spouse consents to a divorce
• You have lived apart for 5 years.

As your solicitors, we will advise you as to the most suitable circumstance to utilise for your Petition.

The process for dissolution of Civil Partnerships is the same as the divorce.  Where the term “divorce” is used it should be taken to include “dissolution of civil partnership”.  The only exception is adultery which cannot be used as a ground for dissolving a civil partnership therefore; if a civil partner is unfaithful the ground for dissolution would instead be unreasonable behaviour.

Ending the Marriage

The legal process begins with the divorce petition being sent to the Court.  The Court then sends a copy to your spouse, and your spouse should complete an Acknowledgement of Service.  If the Petition is undefended, you would then sign a statement confirming the details of your Petition to be true.  The Judge will then consider the papers and decide whether you are entitled to a divorce, and if so, the Court will set a date for pronouncement of Decree Nisi.  6 weeks and one day after Decree Nisi is pronounced, you may apply for Decree Absolute, however, there may well be a delay at this stage whilst financial matters are resolved.

Finding the right divorce lawyer is also a matter of cost.  In dealing with an undefended divorce, costs can vary, and we will be happy to provide you with a quote at the outset.  There are Court fees to be paid within the proceedings for the Petitioner, and any Applications made by the Respondent.  Our charges are based on an hourly rate, broken down into units, for time spent on your case.  They are clear and transparent, and billing is undertaken on a regular basis to keep you abreast of the financial position.

If you are on a low income or benefits, you may be entitled to help with your legal costs, this is known as Legal Funding.  At Lloyd Platt & Co we do not undertake Legal Funding work but will be happy to recommend divorce solicitors who do.

We would estimate that if your partner co-operates with the divorce, it would be likely to take 6 to 12 months from start to finish however, resolving finances through the Court may take longer, often 12 to 18 months.  Utilising an alternative method of resolution as set out above can decrease the time spent.

We hope your search to find the divorce lawyer for you is at an end and we look forward to being able to assist you.

Grounds for dismissing an employee fall into several broad categories. These include redundancy, frustration of contract, employee conduct, gross negligence and any other substantial reason. New employees face the added potential problem of probationary period dismissal. Basically, during a probationary period, an employee may be dismissed for any reasonable, justifiable reason. In simple terms, if there is no obvious case of discrimination, the company can quite legally dismiss an employee with little fear of grievance procedures or other reprisals.

A company has to earn more income than it pays out in costs if it is to survive. Where a business has to cut costs or re-organize its workforce, a redundancy situation may occur. A general economic downtown, such as the current recession, often forces a business into the position of cutting back on costs, including staff, in order to weather the economic storm. As such, a redundancy is a valid and legal reason for dismissal. The only real consideration here is whether the person or the job is redundant. If it is the former then the dismissal will probably not be legal and valid, in which case the employee must be offered reinstatement and / or compensation. A valid redundancy occurs due to the position no longer being viable and as such, the position cannot be reinstated for a minimum of three months, should the business later discover the role to be essential or trade picks up. Other procedures, such as consultation periods, must be adhered to and wherever possible, alternative roles be offered to any employees ‘at risk’ from redundancy.

Frustration of contract covers the ability of the employee to complete their work to an acceptable standard. If they are unable, for one of many reasons, this may lead to a fair and legal dismissal. If, for example, an employee is unfortunate enough to have an accident or long term illness that impedes their capability and working capacity, this may lead to frustration of contract. Many employers today consider the employee’s history of illnesses during the course of their employment at that establishment as a means of deciding fairly what is and is not frustration of contract. For example, less sympathy would be required for an employee who regularly takes Mondays off due to weekend drinking. An employee who regularly phones in sick with minor illnesses over a short period of time could equally be deemed to be in frustration of contract as he / she is not deemed capable of honouring their contract.

Dismissal can be due to employee conduct. This can be fair and legal both on and off the business premises. Activities such as fighting, spitting, swearing or lewd behaviour at work can lead to dismissal. Fighting at work is usually grounds for dismissal through gross misconduct; the employee concerned will be put on suspension with pay pending investigation. Other, less serious, infractions may lead to a verbal warning, further infractions within a certain time scale then lead to written and then final written warnings. After this, an employee may be fairly dismissed. The employee conduct is also considered off site whenever their actions may affect the good reputation of the business they are representing. An off duty employee who is still wearing their work uniform and involves themselves in a drunken brawl or indecent exposure is effectively committing an act of gross misconduct and may face dismissal as a result.

An employee may be guilty of gross negligence and as such subject to dismissal. Basically, the employer owes a duty of care to all its staff, customers and visitors and is legally responsible for the actions of its employees where the employee carries out his / her work duties. An act of gross negligence may occur where an employee fails to wear a hard hat when entering a building site or operates machinery without the necessary training or physical safety guards. Due to the potential accident liability arising from the employee’s actions, this would be classed as gross negligence and is fair and reasonable grounds for dismissal.

Dismissal on the grounds of some other substantial reason is a broad category designed for circumstances that are not specifically covered in one oft he other categories. An example of reasonable dismissal on these grounds would include an employee being sentenced to a prison sentence.

As with many industries, the majority of trustworthy and skilled contractors face the problem that the few that are unscrupulous give the rest a bad reputation.

This was why the Government considered setting up a Qualitymark standard so that the general public would be able to discern with more confidence those in the construction or building industry and other trades from those perhaps where caution should be exercised.

The same reputational issues affect may industries and the legal industry is no exception.

There tends to be a perception that solicitors will seek to maximise their charges and that all lawyers are “fat cats”. In fact, in reality there is a major divide between lawyers working for the biggest corporate law firms, and the smaller high street or general practices, such as solicitors Dudley or solicitors in Bromley.

The difference between the pay and job which these lawyers do could not be more pronounced and in fact many high street lawyers earn less than £40,000.00 for a job which is extremely stressful and technical.

Our aim is to encourage an informal debate over quality standards not under the auspices of government and we will be developing this site as resource for pooled information about varying standards of service and ability for a range of different suppliers. We encourage people to come forward and say positive things where they have had positive experience, as we are perhaps all becoming accustomed too much simply to complaining about bad workmanship or service and not providing good feedback where merited.

In the meantime, some examples of useful law related services we have found can be visited by clicking here or alternatively visiting solicitors Northampton or solicitors Ipswich.