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Author Archive: Eve King

The Do’s And Don’ts When Giving Witness Evidence

You may be asked at some point in your life to attend court to give evidence in respect of any kind of matter. Although you will be called in support of one particular side, you have a duty to tell the truth to the court, and so you cannot change your evidence in order to suit the party calling you. It can be a daunting prospect, but here are some do’s and don’ts to help prepare you for giving evidence.

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Do You Want To Evict Your Tenant?

Eviction is a 3-step process; giving notice, seeking possession from the court, and then enforcement. You must ensure that your notices are correct, otherwise when you seek a possession order from the court, it will be denied. There are two types of notices, a Section 8 Notice, and a Section 21 Notice. There are advantages to each, and it is important to seek legal advice as to which would be the most appropriate in your current situation.

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The Dangers of Not Having a Partnership Agreement

It is very easy to set up a partnership and even just an oral agreement can be sufficient to form a partnership arrangement. The law says that a partnership is quite simply the relationship which subsists between persons carrying on a business with a common view of profit. So even you and your friend gardening together and dividing the profits could mean that a partnership has been formed. A partnership is governed by a partnership agreement and would regulate the powers and duties of the partners in relation to the business. It could also dictate the way assets or liabilities are divided upon dissolution of a partnership. However, if a partnership agreement has not been drawn up, then the powers and duties of the partners is regulated by the Partnership Act 1980. This legislation does not cover all circumstances and eventualities, and as such partners can find themselves stuck in a situation where there is no legal recourse. Below are two of the many dangers that you could face if you conduct your business without a formal partnership agreement.

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Enforcement Methods in the Civil Courts

Once a judgement has been given by a County Court, it is unusual that any further action will need to be taken. In the vast majority of cases, the losing party will pay the amount ordered and business will continue as normal. However, there are occasions where the losing party will fail to comply with the judgement, and so something will need to be done in order to enforce the judgement.

Enforcement should be considered before proceedings are even commenced if the party with whom proceedings are brought is uninsured. The practical considerations that need to be addressed before commencing any sort of litigation is whether the opposing party would have the means to pay what you would be pursuing for. You could spend a lot of money on legal fees taking it forward, only to be unable to enforce the judgement.

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How to Solve Your Dispute Without the Expense of Court

Alternative Dispute Resolution (ADR) is a blanket term for various methods of resolving your legal dispute without going to court. It very often involves the inclusion of an independent third party to assist in resolving the dispute. ADR is actively encouraged by the courts and politicians and it forms part of the pre-action protocol in the Civil Procedure Rules and Practice Directions. Although the Rules require that the parties should consider whether either negotiation or some other form of ADR is appropriate, it is an entirely voluntary process and all parties can withdraw at any time. However, those who do not consider other forms of ADR must be prepared to explain why to the court.

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