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How long does a claim take?

There is no hard and fast rule as to how long a claim under the 1975 Act can take.  If a dispute is settled early into the process then resolution can be reached in a matter of weeks or months.  If, on the other hand, matters have to proceed all the way to trial then it is not unheard of for disputes under the 1975 Act to last anywhere between 12-18 months

Related FAQs

What was included in the Government’s self-employment income support scheme?
  • A taxable grant worth 80% of the average monthly profit over the last three years (one or two years will be reviewed for those who do not have three years of tax returns)
  • The grant will be capped at £2,500 per month
  • The scheme was initially available for three months and has been extended as necessary
  • Individuals claiming a grant can continue to do business (unlike employees who must not work when furloughed)
What is my legal position if emergency legislation to tackle the outbreak makes performance of a contract illegal or impossible?

As the coronavirus outbreak continues to develop, we have seen many countries begin to implement emergency procedures and legislation in an attempt to control the spread of the disease.

These have included bans on gatherings and public events, closures of shops, bars, restaurants and public spaces, and full lockdowns which restrict all but key workers to their homes except in certain limited circumstances.

This has a direct impact on businesses and their ability to operate. So what happens if a contract becomes impossible to perform because of emergency legislation?

For example:

  • If you are a hospitality business, you have agreed to host an event, and gatherings are prohibited
  • If you are a manufacturer or service provider, and your staff are required to remain at home, making performance of the contract impossible
Do I need Planning Permission to change the use of a warehouse or factory unit to a temporary mortuary?

Mortuaries are a sui generis use, unless ancillary to some other use of land, a hospital for example.

Sui generis uses are not within any Use Class. Consequently planning permission is required for the:

  • Change in the use to a sui generis use
  • Subsequently for the change in the use to an alternative use, whether that be another sui generis use or a use within a Use Class

Acknowledging the above, if the scale of the use is above de minimis, planning permission is likely to be required to change the use of a warehouse or factory unit into a temporary mortuary.

Should planning control be breached, a local planning authority must decide whether to take enforcement action or not. That enforcement is discretionary was recently reiterated in a Ministerial Statement issued on 13 March 2020 a link to which is below.

https://www.parliament.uk/business/publications/written-questions-answers-statements/written-statement/Commons/2020-03-13/HCWS159/

Depending on the form of the enforcement action, there could be a right of appeal.

Can colleagues meet outside of work during the national lockdown?

Yes, but only for work purposes and where it is unreasonable to do so from home. Work colleagues cannot meet to socialise.

How much will a divorce cost me?

How much a divorce costs very much depends on how your spouse responds to the divorce proceedings. There is a set Court fee of £593 which you will have to pay if you issue the Application and any Solicitor fees will be in addition to that. Some people may be eligible for a fee exemption. Solicitor fees are usually between £500 to £1,000 if matters are straightforward, however, if your spouse decides not to respond to the divorce or there is an issue regarding jurisdiction (i.e. whether you should be divorced in England or Wales) the costs can significantly increase. Your costs are also typically higher if you are the Applicant rather than the Respondent.

You can contact one of our experienced divorce lawyers to discuss the fixed fee further and to find out what is and is not included within the overall cost by emailing familylawenquiries@wardhadaway.com or utilising any of the contact details listed below.

In some cases, it is a good idea to approach your spouse before issuing a divorce application  so that you can agree on the best way to proceed and you could even try and reach an agreement as to how the costs of the divorce could be shared. These negotiations can take place through a Solicitor.

Please also be aware that these costs are in relation to the divorce process only. If you also need advice on your finances or any child care arrangements, there will potentially be additional Court, expert and Solicitor fees for this. We ensure all clients are provided with an estimate of all costs at the outset.