Court should be viewed as the last resort. Few people attend Court for a divorce. You may have to attend Court in relation to children or financial matters, but we will discuss making any application with you before doing so and will only issue proceedings if you instruct us to do so. Mediation should be attempted first in most cases.

A divorce usually takes between 4 and 6 months to conclude. However, if financial issues are not resolved during this period, you may be advised to finalise financial matters before applying for Decree Absolute.

You can pay your legal fees on the basis of ‘time taken’, i.e. an hourly rate, or you can ask us for a fixed fee. To help with your budget, we can arrange for fees to be paid by way of monthly instalments. We also offer ‘pay as you go’ and payment at the end of your case if you are financially eligible for a divorce or litigation loan.

There is no easy answer to this. The Court will consider a checklist of criteria which includes your respective incomes, earning and borrowing capacity, housing needs, number of children and the value of assets. First consideration goes to providing any children of the family with a home.

Mediation is an alternative process to going to Court. This is an effective way of resolving disputes about children or financial issues.

Before an application to the Court is made about a child or financial issue, the Family Procedural Rules direct that a case should first be assessed by a mediator. This assessment is called a Mediation Information and Assessment Meeting (MIAM).

A Solicitor will set out your options and your position in law. This knowledge and information can then form the basis either for further discussions with your ex-partner/spouse or mediation or negotiation through solicitors.

Most solicitors will offer a free initial appointment without charge and many people make appointments on this basis to find out information before they decide the best way forward.

To bring a claim for unfair dismissal you generally need 2 years’ continuous service. If you have been unfairly dismissed, either because the decision is procedurally and/or substantively unfair, we can help.

In the absence of legal expenses insurance or Trade Union funding we can review your case and see if you are eligible for our ‘no win, no fee’ arrangement.

If you are eligible to bring a claim for unfair dismissal you are entitled to written reasons for dismissal and they must be provided by your employer within 14 days.

Whatever your length of service, if you are pregnant or you are on statutory maternity or adoption leave you are entitled to written reasons without having to request it.

“Some other substantial reason” is one of the potentially fair reasons for dismissal and this could include a personality clash.

An Employer would likely need to prove that it was causing substantial disruption to the business and that they had taken reasonable steps to solve the problem such as redeployment, changing working patterns and mediation.

Yes, although as part of considering the alternatives to redundancy one of the initial steps an employer should normally consider is ending or reducing the use of agency staff.

Not easy but certainly possible. Capability is one of the potentially fair reasons for dismissal and this includes capability assessed by reference to health. There may also be an overlap with two other fair reasons including conduct and “some other substantial reason”.

Some of the factors that your employer will need to consider and support with evidence are as follows:

(a) nature of the illness;
(b) prospects of returning to work and likelihood of illness reoccurring;
(c) need to have someone doing the work;
(d) effect on the rest of the workforce;
(e) extent to which you were aware of the position; and
(f) your length of service.

Yes. We will start by discussing the reason for the term, whether it is enforceable and your bargaining-power.

Harassment at work is unacceptable. You should start by checking whether your employer has an Anti-Harassment and Bullying Policy at work.

If following the procedure set out in the policy does not resolve the problem or if you would like to discuss your options, please contact us.

If you are not comfortable with the original offer, we may be able to advise and negotiate with your employer on your behalf. Please contact us to discuss your case.

Your Employment Contract does not have to set out your rights to maternity/paternity leave. Your employer’s policies on maternity, paternity and adoption would usually be found in a non-contractual Staff Handbook.

Of course, just because your rights are not set out in an Employment Contract or Staff Handbook does not mean the rights do not exist.

This is where your employer commits a repudiatory breach of contract, being a breach so serious that it allows you to terminate the contract by resigning.

It may be one major breach or a series or more minor breaches culminating in the “last straw”.

Those who are not employees and those employees who do not have 2 years’ continuous service (although there are exceptions) cannot claim unfair dismissal. There are also certain special classes, such as police officers and members of the armed forces, who may not be eligible to claim.

If you have been injured in an accident due to the fault, or partial fault of another party, you are entitled to claim compensation.

Yes. The general rule is that you have 3 years from the date of the accident to start a claim at Court. In certain circumstances, the court has the discretion to extend this period of time. In the case of children who have had accidents, they have to start court proceedings before their 21st birthday.

The area of time limits are complicated, and its always wise to have a chat with one of our experts. For example, the time limit for a Criminal Injuries Claim, an accident relating to boats, ships and planes (including boarding ) is only 2 years.

Compensation claims are made up of several parts.

Firstly, we claim compensation for the pain and suffering you have experienced as a result of the accident. How much this will be, will be dependent upon your particular case, and its therefore important that you have a specialist solicitor that can advise you as to the value of your claim.

Secondly, you are entitled to claim your out of pocket expenses, that have arisen from out of the accident. For example, loss of income, medical charges, travelling expenses, payment to a loved one, who has provided you with care after the accident. Finally, you are also entitled to claim for predicted future losses eg reduction in income, care, treatment charges etc.

The length of time it takes to complete the claim depends on many factors, including the co-operation of the other side, the value of your claim, and the complexity of the claim.

In straightforward claims, the government has tried to speed up the process, and it is possible with the smaller claims that we deal with, that they can be completed within months, as opposed to years.

We will aim to deal with your case as quickly as possible, but will never compromise the quality of our service.

This is very unlikely. The vast majority of the cases that we deal with, are resolved in the client’s favour, without you having to go to court.

There is no need to feel worried about making a claim against your employer.

The employer, by law, has to have an insurance policy in place, to cover accidents at work. Most employers make use of this policy to help you with your recovery.

Even if your employer does not approve of you making a claim, you may have protection from the Employment Law, and few employers would be willing to risk a further claim against them, for unfair dismissal. We will discuss the implications with you, at the initial no obligation meeting.

Not necessarily.

Industrial disease cases are very complicated. Even if your employer has gone out of business, we may be able to trace a relevant insurer for that period of time.

The time limits to bring claims for industrial disease, usually starts from the date of knowledge, in other words when you realised that your medical problem related to your work conditions.

In certain circumstances, where the employer and the insurance company cannot be traced, there are government schemes available for compensation. Again, this is a very complicated area of law, and you need to talk to one of our specialist solicitors.

You will be able to bring a claim. There are various schemes run by both the government and insurance companies, that we can assist you in bringing a claim.

Yes, you can still bring a claim. You will need to report the matter to the police straightaway, and providing you do this, we can help you make a claim for compensation.

No, absolutely not. Whatever your insurance company may tell you, you have a choice. So before you make a decision, take advantage of a free, no-obligation appointment or chat, with one of our Personal Injury experts.

No. Of course, you are very welcome to come in, and we encourage people to come to our office to meet us and to talk about your claim.

However, it is possible to deal with the matter over the telephone, and by email. We would also be happy to see you at your home, place of work, or hospital.

The law changed on 1st April 2013.

Solicitors are not able to recover all their fees from the Opponent. This means, when the case is won, they will charge a fee, but that fee will never exceed 25% of compensation.

In addition, if you have taken out an insurance policy the premium will have to be paid in addition to the 25% if the case is successful. Again, we will discuss whether you need to take out an insurance policy, and the costs of the same with you.

We will do everything possible to ensure that you win. In the unlikely event of a loss, with the package available at PHH Solicitors, you will not be responsible for payment of any legal costs, either your own or the other side’s.

We believe that we are good at what we do, we will offer you a personal and professional service, and ensure your claim is dealt with by qualified people. Only you can be our judge, so why don’t you take advantage of a no obligation, free initial interview and make up your own mind.

Yes. Although the law in England would ensure that your assets are passed on to your next of kin after you pass away (called the laws of ‘Intestacy’), this may not happen in the manner, proportions or to the people you want them to.

Even in circumstances where the laws of Intestacy match your wishes, leaving a Will offers clarity to your family and friends and provides them with comfort that they are carrying out your own wishes.

Additionally, making a Will allows you to appoint your own Executors or legal guardians for under age children.

Yes, you can change your Will whenever you want to and at whatever time. Sometimes an entirely new Will isn’t necessary, and instead amendments can made to an existing Will via a ‘Codicil’.

Yes. Although not legally binding, funeral wishes may significantly help your family friends or your Executors after you pass away.

Your Executors are the people that you choose to carry out the terms of your Will, and are often referred to as your Legal Personal Representatives.

They can be family, friends or professional advisors such as solicitors.

Their duties are to ensure that the instructions you leave in your Will are carried out in accordance with your wishes.

Guardians can be appointed in your Will during the years of your children’s minority.

You can leave your property to whoever you wish to in your Will, but having dependent children, a new partner, a former spouse or step-children may make this a difficult decision.

You may wish to consider ‘Rights of Occupancy’ over dividing your property. We can draft bespoke provisions to balance the competing needs of your family according to your individual circumstances.

The following gifts are free of tax:

• A gift to a spouse or Civil Partner who has a house in the UK. That applies either to amounts in your Will or made in your lifetime.
• It can be exempt if you give it to a qualifying charity..
• If you survive for 7 years after making a gift to somebody, that gift is generally exempt from Inheritance Tax. If you die between 3 and 7 years after making the gift then tax is at a lower rate.
• You can give up to £3,000.00 each year. That is in addition to any other exemption.
• You can make small gifts of £250.00 to as many individuals as you like each year.
• If you give to somebody who is getting married or registering as a Civil Partnership then that gift can be exempt up to the sum of £5,000.00.
• If the estate contains a business, Woodland or National Heritage property then there is relief from Inheritance Tax.
• A further way of mitigating Inheritance Tax can be to set up a Trust. However, we must make it clear that we do not advise on Trusts. This is a complex area where you would need to seek further professional advice.

The word ‘Probate’ is typically used to describe the process of administering an estate after a bereavement. At law, it is the process of proving a Will in court so that it is accepted as a public document and the true last Will and Testament of that person. The process is slightly different when there is no Will.

That depends on the nature of your estate. In some circumstances, such as when the person didn’t own a property and had very little savings, it may not be necessary. Our solicitors can advise whether Probate is required quickly so you know the best course of action.

The deceased’s next of kin will have to apply to a Probate Registry to confirm that there is no Will. In these circumstances the ‘laws of Intestacy’ apply. Our solicitors can advise you on what may be required quickly.

The Will needs to proved, as the original Last Will and Testament at a Probate Registry. The Probate Registry will then issue a ‘Grant of Probate’, a certificate that allows you to deal with the deceased’s affairs.

Our Solicitors can advise you on proving the Will and guide you through the process.

This depends on the nature of the estate. For example, if a property needs to be sold, the time taken will depend on the property market in the area. Typically, just obtaining a Grant of Probate in a simple estate will take 4-8 weeks.

Funeral invoices can be sent to and paid directly by a bank or building society that deceased held money with. A death certificate should be sent with the invoice together with instructions on paying the funeral directors. This can be done immediately without proving a Will.

Banks and building societies will usually release any money they hold on behalf of a deceased directly to HMRC if tax is payable. If this is not an option, bridging loans and other financial planning can be put in place, however this needs to be discussed directly with your solicitor in connection with a financial advisor.

HMRC have a very helpful website:

www.hmrc.gov.uk/InheritanceTax

A Deed of Variation allows the beneficiaries of an estate to agree to change the way the assets of an estate are distributed. This is often advisable to take advantage of inheritance tax exemptions and for other planning, such as for vulnerable beneficiaries. Our solicitors can advise you fully and prepare any Deed of Variation you may require.

As soon as possible. It is normally necessary for an application to the Court to be made within 6 months of the grant of probate. Whilst the Court does have discretion to extend this time period, exceptional reasons will need to be demonstrated to support the application.

This could happen if, for example, a potential applicant was out of the country travelling and were completely unaware that the deceased had passed away, or if an Executor had applied for probate but misled the potential applicant into thinking that they were not going to do so until the potential claim had been considered without recourse to litigation.

If successful, the Court can order that the costs of the application are paid out of the estate. If the assets in the estate are limited, this can mean that the beneficiaries receive less than they may consider would have been “reasonable provision” under the Act.

If the application is unsuccessful, the claimant will normally have to pay both their own costs and the costs of the estate. This is another reason why it is essential to have expert legal advice before bringing any claim to ensure that the claim is advanced correctly and has the best prospects of success.

Frequently the potential beneficiaries are able to reassign the assets themselves without the necessity to ask a Court to intervene, however there are rules restricting when this can be done and there may be issues regarding potential tax consequences. Therefore, even if you believe that you can “sort it out” between yourselves, legal advice should still be considered to “sign off” on any proposal and ensure there aren’t any unintended implications.

These provisions should also be considered if you are considering making a will that you anticipate may be controversial when the provisions become known after your death. There are steps that can be taken to try and protect your wishes and inform a Court why the legacy for certain potential claimants is limited or even non-existent, whilst maintaining privacy and discretion on what may be very personal issues.

The average time between instructing your solicitor and moving in is 10-12 weeks but many transactions proceed more quickly and some, more slowly.

Each transaction is unique so whilst we can provide you with a rough timescale there are a number of factors that can affect how long it takes to complete a matter. We will endeavour to update you on timescales as often as is necessary as your transaction proceeds.

To avoid the risk and cost of owning two houses people usually elect to buy and sell at the same time. This leads to a number of house sales and purchases taking place on the same days, each dependent on the other; this is called a ‘chain’.

Exchange of contracts must take place at the same time in all the transactions in the chain. This means that the speed of progress is dictated by the slowest link in the chain.

If you are buying you need to budget for legal fees and disbursements. “Disbursements” are payments made by your solicitor to others, such as stamp duty land tax, land registry fees and third-party search fees. You also need to budget for lender’s valuation fees and your own survey fee.

If you are selling you need to budget for estate agent’s fees and legal fees as well as any third-party disbursements that are incurred, such as Land Registry fees and Indemnity Policy costs.

If you are selling speak to your solicitor before you put your house on the market. Your solicitor will prepare a Home Information Pack which includes information and documents on your home and will be provided to your buyer’s solicitor once a sale is agreed. If you are buying, make contact with your solicitor before making an offer.

Do some initial research before you view properties. There are thousands of different mortgages on the market and you need time to find out which one is best for you. You should obtain a mortgage in principle from most lenders before finding a particular property.

This will establish your budget and ensure that you can afford the properties you are viewing. If an offer is accepted without a mortgage in principle then there can be a significant delay in the transaction whilst your solicitor wait for your mortgage offer.

Once contracts are exchanged a legally binding agreement arises. This sets the date for completion i.e. the moving date and gives everybody in the chain comfort that at this date all of the houses in the chain will be transferred. Your solicitor will agree exchange and completion dates with you before they happen.

Exchange of contracts is the point at which the seller and buyer enter into an agreement with one another and commit themselves to buying/selling the property on the completion date.

A completion date is the date on which you move into your new property and vacate the old one. The agreed completion date is written into the contract.

It is a set of standard enquiries that your solicitor raises with the local council. It relates solely to the property itself and would not, for example, reveal proposals to develop or extend neighbouring land or property.

The local council charge a fee “the local search fee” which your solicitor collects from you and pays to them when the search is done.

Yes, subject to receipt of mortgage offer (if applicable). Builder’s solicitors usually pre-package legal work and often the developer will allow you to exchange contracts conditionally upon the sale of your own property. Speak to your solicitors as soon as possible to agree a timetable for exchange.

The rules governing Stamp Duty Land Tax are complex and the answer to this question is dependant upon the particulars of your transaction.

Your Solicitor will establish with you at the beginning of the transaction what they estimate your stamp duty liability to be. This is a personal tax and whilst the solicitor will make payment on your behalf,

it is your liability to ensure the tax return is correct and payment is for the correct sum.

As legal advisors we are not authorised to give you advice on any tax related matters. We would suggest you raise any tax queries with your accountant or financial adviser.

It is always best practice to obtain a survey to ensure that there are no physical defects to the Property before you purchase it. If there are physical defects this could affect the price you are willing to pay for the Property. Your solicitor will not carry out a physical inspection of the Property and the scope of their advice is limited to the legal issues. It is your responsibility to ensure that the Property is in good repair and to obtain a survey if required.

If you are taking out a mortgage your lender will require a valuation. This is different from a survey as it concentrates only on the price of the property to establish whether the property is worth the money you are paying for it. The lender will want to make sure that the property you are purchasing is worth the amount stated in your mortgage offer. It is for the lender’s benefit, but it is always sensible to have your own independent valuation and/or survey in any case. Your solicitor can recommend a good local surveyor.

As legal advisors we are not authorised to give you advice on any tax related matters. We would suggest you raise any tax queries with your accountant or financial adviser who will discuss with you how best to structure a transaction to achieve your aims.

If you are buying with a mortgage you must get the consent of lender before letting your property. You will usually be required to obtain a buy-to-let mortgage if this is the case.

Some titles restrict the use of the Property and so may prevent the letting of the Property or require the consent of a third party. This will be revealed to you as party of the solicitor’s findings on the property. If you own a leasehold property you must check the terms of the lease to make sure that letting is permitted.

There are sometimes restrictions in the title deeds which prevent extensions or require consent of another landowner. Larger extensions require local authority planning permission and any structural work will also need approval under the building regulations.

Some areas are designated conservation areas and special planning restrictions apply which often prevent extensions. You should check these points with your local authority before you commit yourself to a purchase.

Not unless you have specifically agreed with your purchaser otherwise. The standard residential contract provides that you must vacate on the day of completion and clear the property of all your furniture and belongings.

If you do not give “vacant possession” the buyer may sue you for any loss and inconvenience caused. If you require occupation of the Property past the Completion Date you must discuss this with your solicitor and get the agreement of the Buyer prior to exchanging contracts. It would be best if this was agreed when an offer is accepted.