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Who pays?

In general terms, if a dispute goes to court then the losing party will have to pay both their own and the winning party’s legal costs.

Ward Hadaway can offer a number of options to help your financial outlay, including acting on a fixed fee basis or a no win no fee arrangement.

We have been offering no win no fee arrangements now for over 20 years.  We know that good legal advice is expensive and in most cases, if the case is strong, we can work with you to find a way of bringing the claim.  Costs will be discussed with you in detail before you have to pay anything.

Related FAQs

What are the new rules around holiday entitlement?

Workers who have not taken 20 days holiday entitlement due to Covid-19 can now carry it over into the next 2 leave years. It only applies where it was not reasonably practicable for a worker to take their annual leave due to the coronavirus.

Will I have to go to court?

The vast majority of disputes settle without ever reaching a final hearing with something in the region of 2-5% of all cases actually ending up in court at a final trial.  So whilst it is very unlikely you would need to attend a court hearing, it is always a possibility.

What is a non-molestation order?

A non-molestation order is a form of injunctive relief used when there is harassment / domestic violence within a domestic setting. It is commonly used when you or your children are the victim of domestic violence committed by a partner/ex-partner, but it can also be used if the acts are committed by a relative or by somebody who has had an intimate personal relationship with you. Such domestic violence can take many forms but is typically acts of physical violence, intimidation or harassment as well as more subtle forms such as coercion.

When non-molestation orders are granted, they usually require the perpetrator to stop:

  • Using or threatening violence against you
  • Intimidating, harassing or pestering you
  • Contacting you including in person, by phone, letter or electronic means including social media
  • Damaging or threatening to damage your property and possessions

They also prevent the perpetrator from encouraging somebody else to do these things on their behalf.

In addition, a non-molestation order may prevent the perpetrator from coming within a particular distance of your home or your child’s school

Breaching the order without a reasonable excuse is a criminal offence so the perpetrator can be arrested and punished by way of a fine or up to 5 years imprisonment.

Will there be further measures for self-employed announced?

The Government assured parity for the self-employed but it has since accepted that this would be difficult to achieve. The Association of Independent Professionals and the Self-Employed (IPSE) has worked closely with the Government on implementing the current self-employment income support scheme. IPSE has confirmed that it will continue to work on helping to extend measures to all freelancers in need as a result of Covid-19.

The Government announced an extension to the Self-Employment Income Support Scheme from 1 November 2020.

 

Will site visits, hearings and inquiries still take place?

Due to the new guidance on social distancing and remote working, the Planning Inspectorate initially stated that site visits, hearings and inquiries would be cancelled. However, there is very much a push from the Secretary of State to keep the planning system moving notwithstanding the requirements to adapt to new ways of working. The Government now expects all hearings to be conducted virtually and where a virtual hearing is not possible, the expectation is that alternative arrangements will be put “speedily” in place and in accordance with social distancing requirements.

The Planning Inspectorate have been exploring ways of conducting hearings and inquiries remotely using technological means and conducted their first “digital” hearing on 11 May .

The Business and Planning Act 2020, which entered the statute books on 22 July 2020, includes provisions which allow more flexibility in relation to how appeals are determined including an ability for the Secretary of State to decide to adopt a procedure which is a combination of written representations, a hearing and/or an inquiry.

Site visits have re-commenced where it is safe to do so. The Inspectorate is looking at whether a site visit is necessary and has conducted a trial of “virtual site visits” where sites are assessed by means of photographs or video evidence.

The Planning Inspectorate have subsequently been scaling up conducting digital hearings, which also includes holding virtual local plan examination hearings.