Q&A - What is the best way to set up a joint project with another company

Q:  I have been approached to work jointly with another company on a specific project. Can you advise whether a Partnership or a Joint Venture arrangement would be the most suitable and which would offer the greatest protection?

A:  If you were considering the arrangement on a long term basis a Partnership could be appropriate. But if you will be working together on a specific project for a finite period of time, i.e. without being bound together indefinitely, a Joint Venture (JV) would be more suitable.

Compared to a Partnership, a JV offers greater advantages in terms of flexibility, independence, cost and simplicity. There are two types of JV, the most common of which is a Contractual JV whereby you establish an agreement to co-operate, without setting up a separate business. For larger or more complex projects, an Incorporated JV may be more appropriate, whereby you set up a separate business in order to carry out the particular activity or project.

Key clauses within the JV Agreement should deal with specific details relating to the aims of the JV partners, their initial and final contributions; the structure of the JV, e.g. whether it will be a separate business or on a contract basis; management and control, e.g. respective responsibilities and processes to be followed; how liabilities, profits and losses will be shared; resolution of internal disputes; sale and transfer of an interest in the JV and the ending of the JV.

It is vital that you instruct a Solicitor to assist you in looking at all your options and then drawing up the necessary Agreement. Agreeing the exact terms when you set up your JV will help to minimise any risks and give both parties the confidence to enter fully into the relationship with complete trust in each other and clear aims and objectives.

Further information relating to this question is available from Talog Davies, a solicitor in the Civil and Commercial Litigation department at GHP Legal's Wrexham office on 01978 291456. Talog is a member of the Association of Personal Injury Lawyers and an Associate of the Chartered Institute of Arbitrators or from Nick Kennan, a solicitor with GHP Legal, Commercial and Civil Litigation department at the Oswestry office on 01691 659194.

Local Family expert gains Law Society top accreditation

Local Family expert gains Law Society top accreditation

The head of one of the area's most respected Family Law teams has been granted membership of the Law Society Advanced Family Panel, with specialist accreditations in the complex fields of Children Law and Domestic Violence. - More...
Q&A - Can our joint lease be transferred solely to one party when we split up?

Q&A - Can our joint lease be transferred solely to one party when we split up?

Q:  My partner and I are splitting up but at this stage do not want to dissolve our civil partnership. My partner is planning to move out of the rented property we took on a three year lease just before Christmas last year, but the tenancy is held in joint names. Can it be assigned or transferred solely to me? - More...
New Criminal lawyer for leading law firm

New Criminal lawyer for leading law firm

One of the area's largest law firms has appointed a new Criminal lawyer. Ceri Lewis, who will be based between the Oswestry and Wrexham offices of GHP Legal, joins the firm from Hemsleys in Chester. - More...
Shropshire Court closures could affect legal representation choice

Shropshire Court closures could affect legal representation choice

As the consultation on the proposed closure of Magistrates and County Courts in Shropshire and Mid Wales enters its third week, a solicitor with one of the area's largest law firms claims the closures would not only reduce the public's access to justice but could also affect their choice of legal representation. - More...
Q&A - Claims company has caused me problems at work.

Q&A - Claims company has caused me problems at work.

Q:  I contacted a claims company I had seen on television about a claim against my employers after being injured at work.  Before I had even spoken to the solicitors they sent my claim to, a letter was sent to my employers which caused me huge embarrassment as I was negotiating a redundancy package at the time.  Only when I got home later that day did I receive the initial paperwork from the solicitors with a copy of the letter to my employers. - More...
Q&A - Do we need to be Ofsted registered to look after each others children?

Q&A - Do we need to be Ofsted registered to look after each others children?

Q:  I have two children and had arranged for a friend to look after them for four hours on a Saturday whilst I work. I don't pay her anything because I look after her children for 4 hours while she works on a Wednesday. Now someone has told me we may be breaking the law because we have to be registered with Ofsted. Is this right? - More...
Leading law firm announces internal promotions

Leading law firm announces internal promotions

One of the area's largest law firms has announced a round of internal promotions. - More...
CGT increase affects parents who helped with house purchase

CGT increase affects parents who helped with house purchase

A local member of Solicitors for the Elderly has warned that people in the county who have helped single adult off-spring to get on the property ladder may need to seek legal advice about their position following tax changes announced in the Budget. - More...
Q&A - Do I need a HIP to market home before abolition law is passed?

Q&A - Do I need a HIP to market home before abolition law is passed?

Q: I have received an overseas posting and need to put my house on the market immediately. As the legislation has not yet gone through Parliament to abolish Home Information Packs, do I still need to get one done? - More...
Skydive lawyer hurts ribs in ladder fall!

Skydive lawyer hurts ribs in ladder fall!

The managing partner of one of the largest law firms in the area successfully completed a tandem skydive from 10,000 feet at Tilstock Airfield, Whitchurch, on Saturday before going home to cut his hedge, when he fell off a ladder and damaged his ribs!! - More...
Q&A - Can my employer share data about me that's held on file?

Q&A - Can my employer share data about me that's held on file?

Q:  When I applied for my current job there were many unnecessary questions on the application form that I was required to answer.   How can I discover if my employer is holding this information on file and whether it is held accurately? As I supplied the information, is he legally entitled to pass it on? - More...
Charity Skydive

Charity Skydive

Click the link below to email your pledge. - More...
Budget may instigate increase in buy-to-let portfolios

Budget may instigate increase in buy-to-let portfolios

The hike in VAT announced in this week's Budget is unlikely to speed up any recent improvement we have seen in the UK housing market. But Oswestry based property lawyer Richard Lloyd believes it will not deter the county's many buy-to-let landlords and may even see them increasing their portfolios if prices are kept down. - More...
Solicitors skydive fundraiser hits £2K mark

Solicitors skydive fundraiser hits £2K mark

Two solicitors from one of the largest law firms in North Wales and Shropshire have broken through the £2,000 barrier in sponsorship pledges for their tandem skydive in aid of Wrexham based charity, Dynamic.  - More...
Q&A - How do I apply for bankruptcy?

Q&A - How do I apply for bankruptcy?

Q:  I am in a lot of debt and feel it is impossible to pay off the sums I owe. I am thinking of applying for bankruptcy. How do I apply and what are the implications? - More...
Q&A - Is there a system for enforcing Employment Tribunal awards?

Q&A - Is there a system for enforcing Employment Tribunal awards?

Q:  My brother was awarded compensation for unfair dismissal by an Employment Tribunal last year but so far his employer has not paid a penny. Despite needing the money, and wanting his employer to feel some pain in order to stop them treating anyone else in the same disgraceful way, he says it is not worth him pursuing them for what is legally his right because there is no system in place to enforce the payment of tribunal awards. Is this correct? - More...
Q&A - Is it an offence not to stop and report a minor accident?

Q&A - Is it an offence not to stop and report a minor accident?

Q: I reversed into another vehicle in a carpark. As I was in a hurry and there only appeared to be a couple of scratches on the other car which may already have been there before, I drove off without reporting it. Now my brother is saying I could be prosecuted if someone saw me and got my registration number. He says failure to stop and report an accident is a chargeable offence. Is this correct?  - More...
Q&A - Does daughters injury sustained on bouncy castle warrant compensation?

Q&A - Does daughters injury sustained on bouncy castle warrant compensation?

Q: My 5 year old recently attended a party at a Play Centre where there was a small bouncy castle. No-one restricted the number of children going on it and my daughter got pushed off, causing her shoulder to become dislocated. She was in a lot of pain and unable to attend school for 6 weeks. She is still under the hospital. My wife took unpaid leave to care for her. Can we claim compensation? - More...
Q&A - What must I do to protect my tenants deposit?

Q&A - What must I do to protect my tenants deposit?

Q: I am contemplating renting out my Property but understand that the deposit I take from my Tenant has to be protected.  What does this mean? A: Since 6th April 2007 all Landlords taking a deposit from their Tenant must protect it by registering it under one of two schemes; a Custodial Scheme or an Insurance Based Scheme.  The Custodial/Deposit Scheme is a free service financed entirely from interest earned on the deposit held. The entire deposit is held in the scheme in the event that any legal dispute arises between Landlord and Tenant.  Under the Insurance Based Scheme the Landlord holds the deposit but pays a premium for insurance cover.  If a dispute arises between Landlord and Tenant, the Landlord must hand over the deposit to the Scheme to hold until the dispute is resolved. - More...
Law firm sponsors 55-year-old Pavarotti award at Eisteddfod

Law firm sponsors 55-year-old Pavarotti award at Eisteddfod

A leading Wrexham law firm which also has offices in Llangollen has agreed to sponsor the "competition of competitions" at this year's Llangollen International Music Eisteddfod which is due to take place on Saturday 10th July. - More...
Q&A - Is there a limited period for bringing claim against a supplier?

Q&A - Is there a limited period for bringing claim against a supplier?

Q.  I believe I have a valid claim against one of my suppliers, but at a recent business club function I heard of a company director who had managed to defeat a claim against his company on the basis it had been started too late. Is this correct? - More...
Solicitors take to the skies in latest charity challenge

Solicitors take to the skies in latest charity challenge

Two solicitors from one of the largest law firms in North Wales and Shropshire are aiming high to provide a cash boost for local charity, Dynamic, by soaring through the skies in a tandem skydive at Tilstock Airfield, Whitchurch. - More...
Trainee solicitor invites townsfolk in for coffee

Trainee solicitor invites townsfolk in for coffee

A trainee solicitor from Oswestry who has taken part in several charity fundraising events is inviting local residents to pop in and have a cup of coffee with her on June 5th to raise money for Cancer Research. - More...
Q&A - Can we help our son buy a property but protect our interest in it?

Q&A - Can we help our son buy a property but protect our interest in it?

Q: Our son is living in London and spending so much on rent that he will never be able to save for a property of his own. We can afford to buy him a small place but are concerned that any future wife or partner he might take could make a claim on the property if the relationship did not last. As such a claim would in effect be against our investment, we wonder if there is any way we could safeguard our interest? - More...
Q&A - Will Coroner find out why my son died in custody?

Q&A - Will Coroner find out why my son died in custody?

Q:  My son tragically died in the police station after a night out in town whilst home on leave from the Army. There has been a police inquiry but I don't know the outcome or what happened to him. Now there is going to be an inquest. Can I find out beforehand what happened? Will the Coroner find out what happened?  - More...
Q&A - Can I obtain a copy of a Will and challenge it?

Q&A - Can I obtain a copy of a Will and challenge it?

Q: A close relative died recently, leaving her entire estate to someone by whom she had become influenced greatly. I am concerned that she did not know what she was doing when she made her Will. Can I obtain a copy of the Will, which is currently going through probate, and challenge it? - More...
Q&A - Can we use annual tax exemptions to gift our house in chunks?

Q&A - Can we use annual tax exemptions to gift our house in chunks?

Q: We have a holiday home in Cornwall. Can we gift it to our children in annual chunks using our allowances to reduce the overall tax liability?   - More...
Employment problems erupt in wake of Icelandic Volcano

Employment problems erupt in wake of Icelandic Volcano

A local employment law barrister claims the travel chaos which followed the Icelandic volcano eruption has left employers and their employees with practical and legal problems, including confusion about payment rights for stranded workers and absentee cover. - More...
Q&A - Does Parental Responsibility entitle me to see my son?

Q&A - Does Parental Responsibility entitle me to see my son?

Q.  My partner and I recently separated and I moved out. Now my ex will not let me see our 5 year old son. I am named as the child's father on the birth certificate and so have parental responsibility. Doesn't parental responsibility entitle me to see my son? - More...
Q&A - Can I dock pay without confronting staff?

Q&A - Can I dock pay without confronting staff?

Q: I run a small business and I am concerned that some of my staff are taking days off without good reason.  I would rather just dock a day's pay than confront the individuals about this skiving.  Can I do this? - More...
Solicitor qualifies with leading law firm

Solicitor qualifies with leading law firm

A newly qualified solicitor with a taste for diversity will be continuing his legal career at the Wrexham firm where he recently completed a two year training contract. - More...
Employees may get legal representation at disciplinary hearings

Employees may get legal representation at disciplinary hearings

As a result of two recent Court of Appeal decisions, employees who have been refused or not allowed legal representation at a disciplinary hearing may in future be able to claim unfair dismissal if the outcome of the hearing damages their chances of gaining further employment. - More...
Q&A - Do I need a solicitor present at my mothers inquest?

Q&A - Do I need a solicitor present at my mothers inquest?

Q: My mother died in hospital and there is going to be an inquest.  Do I need legal representation? - More...
Personal Care policy plans may never be implemented

Personal Care policy plans may never be implemented

A local member of Solicitors for the Elderly has warned that government proposals to provide free personal care for elderly and disabled people through the Personal Care at Home Bill may never be implemented or, at best, will be delayed for at least six months. - More...
Premier Law Firm Celebrates 40 Years

Premier Law Firm Celebrates 40 Years

GHP Legal, one of the area's largest and most respected law firms, is celebrating 40 years of providing high quality specialist legal advice to Private, Corporate and Commercial clients stretching across more than ten counties in England and Wales. - More...
Sickness Absence Policies may need revising for new Fit Notes

Sickness Absence Policies may need revising for new Fit Notes

A local employment law specialist has issued a warning to employers to check their Sickness Absence Policy in the light of the new "Fit Notes" due to come into force on April 6th.  - More...
Q&A - Do I really need to make a Will?

Q&A - Do I really need to make a Will?

Q: A friend is putting pressure on me to make a Will but I cannot see why I need one as surely everything will automatically pass to my wife when I die? Please can you confirm this is correct?  - More...
Q&A - Can we avoid paying care home fees?

Q&A - Can we avoid paying care home fees?

Q: My mother needs residential care but we are worried about the cost depleting her assets, including her £475,000 home which passed to her when my Father died 18 months ago.  What can we do? - More...
Q&A - How can we prepare our son for dealing with our death?

Q&A - How can we prepare our son for dealing with our death?

Q: My wife and I often travel together on business. We have become worried our son would not know what to do if anything happened to us, as he is only nineteen years old and has no experience of anyone close dying. We do not feel comfortable about discussing this with him but want to put our affairs in order so that he will find matters easier to deal with. What can we do to assist him? - More...
Q&A - Am I liable to pay sub-contractors when contractor has gone bust?

Q&A - Am I liable to pay sub-contractors when contractor has gone bust?

Maintenance Cancellation Appeal could deter Applications to Vary Orders

Maintenance Cancellation Appeal could deter Applications to Vary Orders

A woman who divorced 25 years ago is preparing to take her ex-husband to the Court of Appeal to demand £560,000 in maintenance following the cancellation last year of her £27,000 a year maintenance payments. And according to Wrexham divorce Solicitor, Anne Davies, the outcome of the case could have a significant bearing on the way joint lives maintenance orders are viewed in the future.  - More...
Q&A - Am I obliged to give employee time off for training?

Q&A - Am I obliged to give employee time off for training?

Q: I have an employee who has requested time off from work for training. Am I obliged to give him the time off or should the training be done outside work time? - More...
New Vice President for Chester & North Wales Law Society

New Vice President for Chester & North Wales Law Society

Wrexham lawyer, Peter Butler, has taken office as Vice President of the Chester and North Wales Incorporated Law Society after being involved with the Society for more than thirty years.    - More...
Law firm warns of Death Tax double-edged sword

Law firm warns of Death Tax double-edged sword

A Solicitor with one of the biggest law firms in North Wales has issued a warning about Government proposals to impose a Death Tax to fund plans to guarantee a free residential care home place or home help for every resident over the age of 65. - More...
Q&A - Can I be held liable for fees 5 years after my wife left care home?

Q&A - Can I be held liable for fees 5 years after my wife left care home?

Q: My wife had a head injury and spent over five years in a nursing home. She left there in November 2004 but I have just received a letter from the Council saying that the care home claim they are owed nearly £2500 unpaid fees, either by my wife or by myself as her appointee. They called it client contribution. The Council have now paid this on my behalf, but say I owe them this money. - More...
Law firm supports Special Agent

Law firm supports Special Agent

Wrexham's oldest amateur theatre will be supported by one of the town's longest standing law firms when it opens its doors to Dick Barton fans on Thursday March 18th. GHP Legal, whose head office is in Grosvenor Road, are sponsoring the production of Dick Barton – Special Agent, which is being staged at the Grove Park Theatre by special arrangement with the BBC. In its time the Dick Barton series, written by Phil Willmott, made radio history. Beginning as a weekday 15-minute serial on the BBC Light Programme in 1947 it appealed to both young and old alike, always ending with a cliff-hanger situation. From 18th – 27th March Wrexham audiences will be able to reminisce during a series of exotic, action-packed adventures when the intrepid sleuth faces arch enemies Baron Scarheart and Marta Heartburn in a bid to rid the world of evil in the name of decency and patriotism. GHP Legal is a long time supporter of Grove Park Theatre where members of its staff have in the past performed on stage. Speaking about the firm’s commitment to supporting the theatre, Senior Partner Peter Butler said: - More...
Q&A - What is the current legislation regarding deposits for rented property?

Q&A - What is the current legislation regarding deposits for rented property?

Q: Rather than selling in the present climate I am considering letting out a small house I have inherited. What is the current legislation regarding deposits? - More...
Nigel clocks up 60 miles for college

Nigel clocks up 60 miles for college

A local IT Manager is putting on his walking boots for the sixth year running to raise funds for the Derwen College, a specialist residential college just outside Oswestry. - More...
Q&A - Protecting older people from financial abuse

Q&A - Protecting older people from financial abuse

Q:  My elderly Aunt appointed a close friend as her Attorney under an Enduring Power of Attorney (EPA), to help her manage her affairs. Money is missing and we have confronted the friend who confessed and agreed to repay it. What would you suggest my Aunt does now? A:  If there is still a trusted co-Attorney named in the EPA under a joint and several appointment, the EPA could be left in place and the unsuitable Attorney removed. Otherwise, new Attorneys would have to be appointed under a Lasting Power of Attorney (LPA) following the introduction of the Mental Capacity Act 2005 which made it impossible to create a new EPA.    The new law provides a framework to empower and protect vulnerable people who are not able to make their own decisions. It clarifies who can take decisions, in which situations, and how they should go about this. And it enables people to plan ahead for a time when they may lose capacity Under an LPA your Aunt could appoint new Attorneys of her choice with the peace of mind that her personal welfare or property and finances were in safe hands should she become mentally incapable, with the additional safeguard of registration of the LPA at the Court of Protection. If your Aunt became mentally incapable and there was no LPA in place, however, it would be necessary to make an application to the Court of Protection for the appointment of a Deputy to deal with her finances. She would have no control over who was appointed and her finances would be scrutinised by the Court as part of the application – something not required when registering an LPA. Law firms such as us who specialise in Elderly Client Services are usually happy to make home appointments, or visits to residential/ nursing homes, to see Clients who cannot attend their offices. - More...
Q&A - What rights are there for internet shoppers?

Q&A - What rights are there for internet shoppers?

Q: My daughter did her Christmas shopping on the internet. Fortunately she received everything she ordered, in good order and as per the descriptions given. But purchasing goods online does worry me. Is there any legal protection for people buying off the internet? - More...
Q&A - Could my mothers estate incur Inheritance Tax?

Q&A - Could my mothers estate incur Inheritance Tax?

Q: I am an only child. My widowed mother has not made a Will because she believes everything automatically passes to me and she will not leave enough for it to be liable for Inheritance Tax. What exactly is Inheritance Tax and how much might I have to pay? - More...
Former Young Farmers member joins leading N Wales law firm

Former Young Farmers member joins leading N Wales law firm

A Solicitor, who, as a boy, worked alongside his herdsman father and was a keen member of Young Farmers, has joined the Llangollen office of leading North Wales law firm GHP Legal after working for a number of years in Greater Manchester, Lancashire and North Yorkshire. - More...
Q&A - Could I claim compensation for work related stress

Q&A - Could I claim compensation for work related stress

Q: My workload has increased massively since the company I work for closed down several offices last year. As a direct result of this I have been off work for two months with stress, but one of my colleagues overheard our line manager saying my illness was more likely to be caused by personal problems. This isn’t the case but what if the company tries to use my long-term absence as an excuse to get rid of me?   A:  All employers have a duty of care to provide a safe system of work - and this includes taking reasonable steps to ensure staff do not suffer stress related illnesses as a result of their work. If your employer has breached that duty then you could possibly bring a claim against them for causing injury due to negligence. Suffering from stress is not an injury in itself. You would have to prove that it amounted to active psychiatric harm and you would need to supply medical evidence to that effect. - More...
Q&A - Can Garden Centre be held responsible for injury sustained on icy path?

Q&A - Can Garden Centre be held responsible for injury sustained on icy path?

Q: Whilst visiting my local Garden Centre after Christmas I saw an old lady slip over on an icy path in the outdoor section. She could not get up and was in so much pain that staff eventually called an ambulance. I thought businesses had a duty of care to keep public areas clear of ice in bad weather. If I am correct, would this lady be able to sue them? - More...
Q&A - Do I have to pay workers who do not  turn up in bad weather?

Q&A - Do I have to pay workers who do not turn up in bad weather?

Q: I own a small business. When the snow came after Christmas some of my workers failed to turn up and we had to halt production for several days because of this. I did pay the workers who failed to turn up on this occasion, but with the threat of further harsh winters in the future I would like to know where I stand legally. Do I have to pay them if they don’t turn up because of bad weather? - More...
Law graduate revisits college to receive award

Law graduate revisits college to receive award

A Wrexham law graduate who last year went on to gain a training contract with one of the area’s largest law firms will return to Chester College of Law this month to receive the coveted Brown Dunne & Gray prize for obtaining the highest mark in Advanced Litigation in the 2009 Legal Practice Course examinations. - More...
Bad weather policy is good for employers

Bad weather policy is good for employers

Just when we thought the region’s adverse weather conditions were over, this week’s unexpected snow falls reminded us that climate change is a very real problem and one that is likely to get worse in the future. - More...
Q&A - Can my employer get a patent on the machine part I invented?

Q&A - Can my employer get a patent on the machine part I invented?

Q: I work at a local factory. For some considerable time we had had a persistent fault on the production line that was causing problems, and as a consequence was costing the company both time and money. I solved the problem by inventing a piece of kit to add on to the line.  Now my employers are going to apply for a patent for the invention, even though I was the one who invented it. They say that as they are my employers the invention belongs to them. Is this correct? - More...
Q&A - Can I get compensation for injury caused by tripping on cracked paving?

Q&A - Can I get compensation for injury caused by tripping on cracked paving?

Q: Shortly before Christmas I went to a local pub for a meal with some friends. During the evening I popped outside to make a phone call. As I was returning after making the call I tripped on the raised lip of a cracked paving slab. I put my hands out to stop the fall but unfortunately in the process I broke my right wrist. As I drive for a living it has meant I have not been able to work. Is there any action can I take to get some compensation? A: Firstly you will need to establish who is responsible for the land where the paving slab is located.  If the paving slab was on a public pavement the local council would be responsible, but if the paving slab was on the pub’s property then the pub would be responsible.  Having established on whose land the paving slab is located, the next step would be to ascertain whether the paving slab should have been repaired. The owner, whether it is the pub or the local council, has a responsibility to regularly inspect all surfaces which are accessible by the public and to ensure that no serious risk of injury is posed by any defects that exist.  However, the courts do not expect pavements or paved areas to be perfectly smooth. Good photographs and, if possible, measurements of the slab and the surrounding area will be useful in establishing whether the defect is significant enough for either the pub or the local council to be held liable for your accident. - More...
Q&A - What is the difference between an Enduring Power of Attorney and a Lasting Power of Attorney?

Q&A - What is the difference between an Enduring Power of Attorney and a Lasting Power of Attorney?

Q: My solicitor advised me some years ago to set up an Enduring Power of Attorney so that I could act for my parents and handle their financial affairs. I recently mentioned this to a neighbour who has elderly parents, but when she sought legal advice she was advised to take out a Lasting Power of Attorney. What is the difference? A: Lasting Power of Attorney (LPA) replaced Enduring Power of Attorney (EPA) on 1st October 2007. EPAs signed prior to that date are still valid and can be registered but the LPA is far more flexible and you have the option of taking out either a Property and Financial Affairs LPA or a Health and Welfare LPA, or both. The Property and Financial Affairs LPA allows you to appoint an attorney to manage your property, finances and affairs when you have the capacity to make your own decisions and when you lack capacity. It also offers the option of giving your Attorney the power to make decisions about part, or all, of your property and financial affairs. A Health and Welfare LPA allows you to appoint an attorney to make decisions on your behalf in respect of healthcare and welfare. In both cases the LPAs cannot be used by the attorneys until they have been registered with the Office of the Public Guardian. Unlike with the EPA, the LPA requires that the person making the LPA is certified to have the mental capacity to do so, and that they are doing so without being subjected to any pressure or fraud. The certificate provider must complete a statement to that effect in the new LPA, stating that they have discussed the LPA with the attorney and are satisfied the attorney understands the scope and purpose of the LPA and that they are under no undue pressure to make it.  Further information relating to this question is available from John Marshall, a Solicitor with GHP Legal who specialises in private client work with particular emphasis on Wills, Probate and Taxation, and Powers of Attorney. For information relating to any other legal matter please call GHP Legal on 01978 291456. GHP Legal is the new name for Gwilym Hughes & Partners. - More...
Q&A - Please confirm our entitlement for Parental Leave

Q&A - Please confirm our entitlement for Parental Leave

Q: My wife and I both have high level jobs. She is now 16 weeks pregnant with twins, our first children, and we want to ensure we spend maximum time with them whilst keeping our respective jobs. Can you please confirm the current legislation regarding parental leave? A: You must have worked for the same employer continuously for at least one year.  As parents of young children you are entitled to up to 13 weeks of unpaid leave to care for them during the first five years of life. Leave can be taken in respect of each child, and by each parent. In your case this means you can each take 26 weeks of leave to care for the two children, at any time up to the children’s fifth birthday. Your employers cannot refuse to grant you leave but you must give them notice. You should both check your respective employment contracts about parental leave as they are likely to differ. Unless your employment contracts state otherwise you may have to provide evidence to your employers of your parental leave entitlement and must give the start and finish dates of the leave at least 21 days prior to when you want to take it. Provided you and your wife qualify and give the appropriate notice you may take your parental leave after a period of maternity or paternity leave. Leave can only be taken in blocks of a week unless the child has a disability. Whilst on leave your employment contracts still apply. If you take leave for four weeks or less you can return to your usual job. If you take longer you can return to your usual job or, if that is not “reasonably practicable”, to a suitable and appropriate one.  Your pay, pension and other rights must not be less favourable than before you took leave.  Further information relating to this question is available from Jack Roberts, an Employment Barrister with GHP Legal. For information relating to any other legal matter please call GHP Legal on 01978 291456. GHP Legal is the new name for Gwilym Hughes & Partners. - More...
Solicitor calls for more pressure to reform intestacy laws

Solicitor calls for more pressure to reform intestacy laws

As we move into a new decade, a Wrexham solicitor is calling for more pressure from the Law Society to force a reform of the intestacy rules which, he says, despite recent amendments, still reflect some of the social conditions and attitudes of the last century. - More...
Slow property market instigates creative approach to divorce settlements

Slow property market instigates creative approach to divorce settlements

Historically the New Year has long been the most popular time for couples in an unhappy marriage or partnership to start divorce proceedings and make new lives for themselves, but as the effects of the recession bite deeper their approach to dealing with the split of family assets is becoming more creative. In some cases divorce is going ahead with the sale of the family home being deferred. - More...
Q&A - When must I provide a contract of employment to a new employee?

Q&A - When must I provide a contract of employment to a new employee?

Q: I recently decided to take on my first employee but on the start date they didn’t turn up. Can I appoint someone on a trial basis next time, without a contract?   A: A contract of employment exists when you offer someone a job and they accept it. Employment contracts can be verbal, written or implied but a written contract is advisable for both employers and employees. You must provide your employee with a written statement of employment within two months of them starting work, unless they are employed for less than one month or are self employed, freelance or agency workers. - More...
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