Latest news with #legaladvice
Times
18 hours ago
- Business
- Times
A neighbour is blocking our property sale — what can we do?
We are leaseholders of a downstairs maisonette in a building where we also have a share of the freehold. We are selling the property but the joint freeholder, who owns the flat upstairs, is refusing to co-operate. She is making unreasonable and ever-changing demands, such as demanding payment, access to our garden, cancellation of a previous debt and alterations to the lease. She has refused to sign the TR1 [ownership transfer form] to transfer the freehold share to our buyer, effectively blocking the sale. In the past, she has been abusive towards us and our tenants, resulting in police involvement and an Asbo. She is now refusing to communicate or engage in mediation, leaving us unable to proceed. We are seeking advice on how to resolve this deadlock. What legal options do we have to enable the sale of our property?DP • Read more expert advice on property, interiors and home improvement This is an extremely challenging situation and you have my sympathy. There are no easy or perfect answers but I have set out some possible options for you below: The real challenge for you is that you need simultaneously to resolve two problems: the refusal to sign the TR1 and the difficulty of physically selling the home. Dealing with the (easier) TR1 issue first, it is possible to make a relatively straightforward application to court under the Trusts of Land and Appointment of Trustees Act 1996. Section 14 enables the court to make an order for sale of the freehold without the co-freeholder's signature on the TR1. Turning to the issue of actually making the sale, you could issue a claim against your neighbour, seeking an injunction restraining her from causing a nuisance. However, not only would that be expensive and somewhat risky, there is no guarantee it would convince prospective buyers that nuisance issues would not reoccur. And a buyer might be concerned about potential issues when they themselves come to sell the property. One alternative is to sell the property in an auction. Via that method, you could find a buyer who is willing to overlook potential issues, for example an investor who doesn't intend to occupy the property. You may have to sell for less than you would like but at least you would have resolved the problem. One other option — subject to your budget, obviously — would be to offer to buy the neighbour's flat. You would then control the whole property. I realise that your neighbour has proven difficult to negotiate with, but at this point nothing should be off the table. I do hope you manage to find a Cracknell, partner, Russell-Cooke, I've had dark grey limestone paving laid on my new terrace. I left a tree in the middle of the terrace for the birds to enjoy. However, the birds are seriously disrespecting my new paving — even a low-pressure hose used daily doesn't remove their mess completely. I've tried hanging reflective deterrent rods in the tree, and also photos of birds of prey, but these haven't worked. Short of removing the tree, do readers have any tips for cleaning the bird mess effectively without damaging the paving?SB Get a decoy bird (such as a hawk) and mount it on a stake close to the tree in question. Ideally, move the decoy around regularly to stop the birds getting familiar with it, and keep it as high up as possible. Most garden centres sell Evans Sprinkle cheap supermarket biological washing powder on the wet paving. Leave for an hour or so. Brush. Sluice. Works a treat. And no harm to the stone. J Walters Use a diluted solution of Wet & Forget mould remover (£12.50, Simply spray on the paving when dry (and no rain is forecast for a few hours). The solution should keep the paving clean and new-looking for some Hollowday I fold strips of silver foil (into three to make them rigid) and attach them to the branches of my fruit trees. The birds get spooked by the strips flapping in the wind. Much less hassle and far kinder than directing a hose at How can I remove oily head-hair marks from the surface of an aniline leather sofa?Brian Hayward I've bought a new kitchen and have chosen Ikea carcasses and bespoke fronts from a specialist company. The carcasses have been installed but I'll have to wait about three months before the fronts arrive. Do any readers have tips for living with a kitchen without door fronts for this amount of time? Or any affordable temporary solutions?Veronica, Leyton Send tips and questions to homehelp@ Advice given without responsibility
The Sun
a day ago
- Automotive
- The Sun
Three words to beat a private parking ticket are revealed by retired judge – as fines hit record 14million
A RETIRED judge has shared top tips on what to do if presented with a private parking ticket. Thousands of motorists across Britain know the feeling of thinking they've been unfairly handed a parking fine. 2 The unwelcome sight of a yellow sticker on your windscreen is always enough to ruin any motorist's day. But Stephen Gold, a retired judge, has revealed the three words that can help you beat a private parking ticket. Speaking to the MailOnline, he said: "Getting a ticket after parking in a private car park does not mean you have committed any offence. "It won't lead to a criminal conviction, whether or not you pay it. "You can challenge a ticket that has been wrongly issued, and the challenge could take you to the county court, where the park operator would have to sue you for non-payment to have any hope of getting you to pay up." THE THREE WORDS The judge told the paper that a key defence against tickets is: "I knew nothing". This is a defence that counts on the you being able to prove that parking conditions were not properly indicated. The operator would have to prove the conditions of parking were displayed on one or more notices that a reasonable motorist would have seen. So if you only discovered the terms of parking upon returning - perhaps due to signs being inconspicuous or absent - the defence would hold. It is always best to take photographs of the signs and their location within the car park if you want to use this defence. The operator will likely try to rely on pictures of the signs within the car park - but these might not show exactly where they are. APPEALS PROCESS It comes as more and more car parks use number plate capturing cameras to send out tickets. Sometimes this will result in a ticket being placed on your windscreen, but often these days a letter will be sent in the post. If you wish to appeal a ticket, your first action should be to go to the car park operator. An independent appeal would be the next step, and a final point would be going to a county court. 2
Telegraph
6 days ago
- Telegraph
Courts and crime
This section is not a legal textbook. If you have doubts on legal points, refer to the in-house lawyer, the news desk or your line manager. Contempt of court becomes an active issue from the moment an individual is arrested or a warrant is issued for their arrest. From that moment in time, the law of contempt prevents the publication of any information that creates a substantial risk of serious prejudice to the proceedings. The Telegraph shares the presumption of innocence of a defendant: so Mr, Mrs or Miss Smith, unless he or she is already a convicted criminal, still serving a sentence or has pleaded guilty. Stories about ongoing cases should end in the line 'The case/trial/hearing continues'. Full legal advice is available on The Telegraph intranet Courts and judiciary The Crown Court of which the Old Bailey is a part, sits in towns and cities throughout England and Wales. All kinds of Crown Court judges may be referred to as 'judges' in headlines and introductions. Refer to Sometown Crown Court. The Old Bailey is officially called the Central Criminal Court, but we don't refer to it by that name There are three ranks of judge who sit in Crown Courts: High Court judges: Mr Justice Smith (never Judge Smith). Off-duty they are referred to by the title they receive on appointment, as Sir John Smith, the High Court judge. Circuit judges: Judge Smith. If there are two Judge Smiths then they will be known by their forenames as well, to avoid confusion: Judge John Smith, Judge James Smith. Recorders: practising lawyers who sit as part-time judges. The recorder, John Smith, said at Sometown Crown Court. Later references to the recorder. Apart from High Court judges, they should be given their titles and designated KC if they qualify. At the Old Bailey, the Recorder of London and the Common Serjeant are full-time judges. Refer to the Recorder of London, Sir John Smith KC or the Recorder of London. Judge John Smith, as appropriate. The Common Serjeant, Judge John Smith. Later references to the Recorder (cap) or the Common Serjeant or the judge. The High Court sits at the Law Courts (preferred to the Royal Courts of Justice) in London and in some provincial cities. Refer to a High Court hearing in Manchester. The High Court contains three divisions: Chancery Division: Day-to-day work is conducted by the Chancellor of the Chancery Division and High Court judges. 'The Chancellor, Sir John Smith, said at a High Court hearing in London.' For other judges: Mr Justice Smith or, later, the judge. King's Bench Division: The Lord Chief Justice, Lord Smith, later Lord Smith or the Lord Chief Justice. For other judges: Mr Justice Smith, later refer to the judge. Family Division: the President of the Family Division of the High Court, Sir John Smith (or Lord Smith). Later references to the President or Sir John (or Lord Smith). Other judges: Mr Justice Smith or, later, the judge. The Court of Appeal's judges include the Master of the Rolls and the Lords Justices of Appeal, who are not law lords. The Supreme Court is the final court of appeal for England, Wales and Northern Ireland, and, in civil cases only, for Scotland. Superior courts other than the Court of Appeal hear some appeals. The Lord Chief Justice, Lords Justices of Appeal and judges of the King's Bench Division sit in the Court of Appeal, Criminal and Civil Divisions. When more than one judge takes part in a case, name them all. Magistrates' courts should be referred to as Anytown magistrates' court (plural possessive even when a case is heard by a single magistrate).' John Smith, the chairman, said... '. 'John Smith, the magistrate, said... ' (for stipendiary magistrates). The sitting magistrates are also known as the Bench. County Courts: Refer to: Judge John Smith QC (at Sometown County Court), later Judge Smith or the judge. Youth courts refer to Anytown youth court and to John Smith, the chairman. It is illegal to publish the name, address, school or any particulars leading to the identification of any youth who is involved in the proceedings, even as a witness or complainant. Youth courts deal with people between the ages of 10 and 17 who may, however, appear, in certain circumstances, before adult courts. Restrictions on identification apply to youths in adult courts only if the judge so orders. Coroner's courts The coroner's task is to ascertain the cause of a death by holding an inquest in open court unless he or she thinks it in the national interest to hold it in private. They may sit alone or may summon a jury, note there are only certain circumstances in which this could happen. Coroners need not be lawyers. They may be doctors. They operate an inquisitorial rather than an adversarial system. The coroner records a verdict; a coroner's jury returns a verdict. The laws of contempt apply. Scottish courts Scotland has its own system of law and its own courts. Procedure differs greatly from that of English and Welsh courts. Traditionally, Scottish judges have been sterner in their view of contempt than their English counterparts, although the 1981 Contempt of Court Act covers the whole of Great Britain. Under the Criminal Justice (Scotland) Act 1980, it is an offence to publish facts leading to the identification of any children under 16 involved in criminal proceedings whether they are accused, witnesses or victims. Criminal courts are district courts. Refer to Scotburgh district court. Lay justices sit with a legal assessor. Sheriff courts Scotland's six sheriffdoms each has a sheriff principal and they are divided into sheriff court districts. Courts are presided over by sheriffs who sometimes sit with a jury and may also hear civil cases. Scotburgh sheriff court. The sheriff, Mr Ian McSmith. High Court of Justiciary Sits in Edinburgh and on circuit. All 21 Scottish judges can hear cases (see Court of Session). Prosecutions may be conducted by the Lord Advocate or the Solicitor General but normally by Crown counsel referred to as advocates depute. Scotland has no court of criminal appeal and appeals in serious cases are heard by three judges or more of the High Court. Appeals against summary convictions are heard by the Justiciary Appeal Court. Refer as appropriate to the Scottish High Court sitting in xxxx, a Scottish appeal court sitting in xxxx. Civil cases may be heard in sheriff courts or the Court of Session. The Court of Session, the superior civil court, is divided into the Outer House and the Inner House. The Outer House has 12 judges called Lords Ordinary who sit alone or with juries. The Inner House has two divisions. In the first division the Lord President presides over four judges (three make a quorum). The Lord Justice Clerk presides in the second division. Court of Session judges also make up the High Court which hears serious criminal cases. In criminal cases, the Lord President is referred to as the Lord Justice General. Refer to The Lord President, Lord McSmith; the Lord Justice General, Lord McSmith; the Lord Justice Clerk, Lord McSmith; or, for other judges, to the judge or Lord McSmith. Terms found in Scottish court stories include: Advocate, equivalent to an English barrister with exclusive right of audience in higher courts. Crown Office, roughly equivalent to the Department of the Director of Public Prosecutions. Defender (not defendant) in civil cases. Depute (not deputy) in legal titles. Interdict is the equivalent of an injunction. Not proven Although this verdict differs from a finding of not guilty, a person cannot generally be tried again except for exceptional circumstances. However, a subsequent civil claim for damages by the victim's family may be brought. Pursuer or petitioner (according to the procedure adopted) is a claimant. Procurator fiscal investigates and prosecutes crime in the sheriff court districts under the supervision of the Crown Office. He can give general directions to the police and decides whether an accused person should be held in custody or released until his trial, or whether the case should continue. The procurator fiscal questions an accused person at a private hearing by a sheriff before whom the accused must appear within 24 hours of arrest (48 hours at weekends). Refer to Ian McSmith, procurator fiscal. Photographs Scotland has adopted a strict approach to the publication of photographs and / footage of the accused individual before the Crown closes their case so as to avoid creating a substantial risk of serious prejudice unless it is certain that identification will not be an issue in the trial. This applies to both solemn and summary trials.
Forbes
14-07-2025
- Business
- Forbes
What To Do When A Loved One Is Diagnosed With A Terminal Illness.
Closeup of young people holding hands trust comfort help cancer patients talk crying stress relief ... More in living room at home. Healthcare concept. When a loved one receives a terminal illness diagnosis, families face emotional upheaval and crucial decisions. It's a challenging time, marked by urgency—not only for medical care but also for financial, legal, and legacy planning. These steps are vital to preserve dignity, reduce conflict, and ensure that your loved one's wishes are honored. Drawing on my experience as a Trusts and Estates attorney, here is a comprehensive guide for navigating the complexities that follow a terminal diagnosis. These essential actions support the patient and prepare their spouse or adult children for the weeks and months ahead. 1. Review and Update Estate Planning Documents Outdated or incomplete documents can create legal bottlenecks. For instance, a twenty year old will and trust should be updated to align with the current family structure and tax goals. 2. Check Beneficiary Designations and Access to Accounts Beneficiary designations on retirement accounts and life insurance policies override what's written in a will. Confirm that: If the patient holds crypto or NFTs, ensure someone knows where the assets are stored and how to retrieve them to prevent loss. 3. Confirm Financial Authority Through a Valid Power of Attorney Without a valid DPOA, families may need to seek court-appointed guardianship—an expensive and time-consuming process. If the DPOA is outdated, banks or brokerages may refuse to honor it. Ensure the appointed individual is ready and informed, especially regarding assets titled solely in the patient's name. 4. Discuss Burial and Funeral Preferences Though uncomfortable, discussing funeral preferences and the disposition of remains is an act of kindness. Considerations include: Documenting these preferences avoids family conflict and uncertainty in the immediate days following death. 5. Create an Asset Inventory and Clarify Ownership Families benefit from a comprehensive inventory of: If the individual owns a company, transferring non-voting shares to children or successors can reduce estate tax exposure and ensure continuity. 6. Keep the Advisory Team in the Loop Inform your CPA, estate attorney, financial advisor, and insurance agent. This team can assist with: Having all professionals aligned is especially critical if the patient has complex assets or resides in a high-tax state like Massachusetts. 7. Provide for the Caregiver Spouses and adult children often assume caregiving roles that can stretch physical, emotional, and financial limits. Consider: Caregiving plans should be as clear and realistic as the medical and legal ones. 8. Educate and Involve the Next Generation Include children and other heirs in the planning conversation. Help them: Transparency today reduces confusion and conflict tomorrow. 9. Capture Legacy Beyond the Legal Documents Consider what can't be passed through a will: These legacy items often become the most treasured family heirlooms, providing meaning and healing long after the paperwork is settled. Final Thoughts: Planning Is a Gift A terminal diagnosis is devastating, but it presents an opportunity for clarity, connection, and legacy. By taking these legal, financial, and personal steps, you give your loved one control over their final chapter, and peace of mind for those who will carry on. Don't wait—engage your advisors, update your documents, and have the conversations that matter. Planning is not about giving up—it's about giving meaning to every moment that remains.
Khaleej Times
10-07-2025
- Business
- Khaleej Times
How do you handle a situation when someone owes you money
Lending money to a friend in need can seem like the right thing to do, but what happens when they can't pay it back? It can quickly lead to a fallout, animosity and the threat of calling in lawyers then court. The most frequent debt-related cases tend to fall into a few main categories: personal loans (between friends, family, or acquaintances), unpaid invoices, credit card or bank debt, and rent arrears (tenants not paying landlords), according to Musaab Ali Alnaqbi Advocates and Legal Consultants. In the UAE, post-dated cheques also come up a lot. If someone issues a cheque that bounces, it can quickly turn into a criminal or civil case. Lawyers typically get involved at three stages: Pre-litigation (negotiation phase) which can involve drafting a legal notice and initiating settlement talks. Next you have the litigation phase — filing a civil claim, attending hearings and enforcing judgments. Finally, there's the post-judgment phase which includes collecting the debt via court enforcement (e.g., freezing bank accounts, seizing assets). 'It's often smart to consult a lawyer early — even before sending a demand letter — to ensure it's worded properly and legally sound,' said Adv. Ibrahim Khaleel, Managing Partner at Musaab Ali Alnaqbi Advocates and Legal Consultants. An important part of the process involves a case review – examining contracts, invoices, WhatsApp messages, and other documentation. 'It's all document-based so you really need a good water tight written agreement in place,' said Peter Lazarus, managing director of Elite Legal. 'But it's not impossible to open a case if you only have communication to prove the terms — whatsapp and emails.' Yes Whatsapp messages can be used in court. 'So always be very careful how and what you say. The golden rule is — would you be embarrassed if the message was read in court?' added Lazarus. Next comes a legal notice – sending a demand letter asking for payment within a set deadline (usually seven days). Then negotiation – attempting a settlement before filing. As a last resort, a court filing – if the debt remains unpaid, then file a case in the civil court (or labour court if it's salary-related). Court proceedings will then follow – attending hearings, submitting evidence, responding to defenses. Finally, the enforcement – if a judgment is issued in your favour, filing for execution (freezing accounts, travel bans, etc.). Employment Employment disputes make up a significant share of legal cases in the UAE, typically involving unpaid salaries, end-of-service benefits, or other contractual entitlements owed to employees. 'I target speaking to bosses of the debtor companies as they are the decision makers and people in authority to get the debt cleared,' said Lazarus. How and when does he get involved? 'As soon as the client gets the 'false promises' to pay, this is a red flag that delay after delay is an issue waiting to happen. The older the debt the less chance of recovery. I use the court as a last resort and try to settle the cases amicably with face-to-face meetings, that way it remains professional and a solution can be found,' he added. Costs Legal fees in the UAE can vary significantly depending on the complexity of the case. In most situations, law firms will agree on fixed fees to be paid in advance of starting work. Some law firms may offer reduced fixed fees combined with a success fee, which is only payable if the case is successful and the client recovers the debt. Musaab Ali Alnaqbi Advocates and Legal Consultants gave a helpful breakdown. Legal fees: Dh5,000–15,000 for simple cases. Court fees: usually six per cent of the claim amount, capped at Dh40,000 in most emirates. Translation costs: Dh500–2,000+ depending on documents. Power of Attorney notarisation: around Dh250–500. 'In total, for a simple claim of under Dh100,000, be prepared to spend Dh8,000–20,000 in total legal and court costs, though some lawyers offer flat fees or installment plans,' said Khaleel. Ahmed Tony, a partner at Matouk Bassiony law firm, explained that the UAE operates a dual court system comprising onshore and offshore court systems, each with distinct legal frameworks and procedures. The offshore courts provide for a common law jurisdiction (similar to English courts) and are independent from the local court system. This includes the Dubai International Financial Centre (DIFC) and the Abu Dhabi Global Market Dhabi (ADGM). Onshore courts, on the other hand, follow UAE federal and emirate-specific laws. Real-time updates on case status, hearing dates, and court decisions are provided through the court portals and mobile apps (like the Dubai Courts Smart App), making the process more user-friendly and predictable. 'Before starting court proceedings, it is important to keep in mind your ultimate desired outcome and whether going through with the case is worth it. For example, sometimes winning a case may not be in the business's best interest if it leads to reputational damage, waste of resources or cutting business ties with the other party,' Tony said.
