Welcome to our Frequently Asked Questions page! Here, we strive to answer the most common inquiries you might have. We’ve continually updating this section so stay tuned. If you have a question that isn’t covered, feel free to reach out!
Frequently Asked Questions
I am being denied progression opportunities because I am pregnant. What can I do?
Pregnant employees are protected under the Equality Act 2010. Under the Act, you cannot be treated less favourably on the grounds of being pregnant.
This means that if your employer is denying you career progression because of your pregnancy, you can bring a claim against them for pregnancy discrimination. If you feel like you have to resign because of discrimination, you may also be able to claim, ‘constructive dismissal’.
If you feel as though you are being denied career progression because of pregnancy, you should keep a record of any relevant events, evidence or potential witnesses. You can then raise the problem, either informally or through your employer’s formal grievance procedure. If internal resolution does not work, you can make a claim to an employment tribunal.
Before you decide to take your employer to an employment tribunal, or to resign from your job because you feel you have been discriminated against, you should seek legal advice. There are set time frames for bringing a claim to Tribunal and specific rules about what qualifies as ‘constructive dismissal’ which a solicitor can advise you of.
What compensation am I entitled to for being discriminated against?
If an Employment Tribunal finds that you have been discriminated against by your employer, you may be entitled to financial compensation. Compensation in discrimination claims is ‘uncapped’, which means that there is no statutory maximum for the amount that you can be awarded. Financial compensation may cover:
• Financial loss which has been incurred at the time of tribunal, or in the future e.g. compensation for loss of earnings if you lost your job as a result of discrimination.
• Injury to feelings, regardless of whether you suffered financial loss, for the hurt suffered from the discrimination.
• Compensation for personal injury if you have suffered an injury as a result of discrimination e.g. an employee developing PTSD as a result of discrimination.
• A ‘statutory uplift’ – a compensatory increase in the award if an employer failed to follow the ACAS Code of Practice (between 10 and 25%).
As well as providing financial compensation, an Employment Tribunal may order an alternative remedy, such as making recommendations or ordering your employer to reinstate you.
I have been fired for something I didn’t do. What should I do next?
If you think you have been fired for something you didn’t do, you can challenge your employer’s decision. You can do this in one of two ways:
1. Appealing through your employer’s appeal process.
2. Making a claim to employment tribunal for ‘unfair dismissal’
If you make a claim to an employment tribunal, you must have worked for your employer for more than two years and you must be classed as an Employee. You must also commence ACAS Early Conciliation within three months less one day of your dismissal which stops the clock on your limitation. Thereafter, you will have at least one month after ACAS Early Conciliation has completed to issue a claim.
If you do believe that you have been unfairly dismissed for something that you didn’t do, speak to an adviser.
If the harassment is related to a protected characteristic, you could claim harassment at an Employment Tribunal. There is no statutory limit on payouts for harassment claims.
Making a complaint about harassment is a “protected act”. This means that if you are treated negatively because you complained about harassment, you could be deemed to be “suffering a detriment”. If you think that you have suffered a detriment as a result of a protected act, you could potentially have a claim for victimisation.
If you feel that you have been effectively forced to resign because you have suffered harassment or victimisation at work, you may also be able to claim constructive dismissal.
However, there are specific limitations on claims that you can make for harassment, victimisation and constructive dismissal. If you do experience harassment and your employer fails to act on it, you should engage with a legal adviser to advise you on your options.
I am being bullied by a senior member of the team. What should I do?
If you feel confident, you can first raise the issue with the staff member who you think has bullied you. Explain to them what they did, and how it made you feel. If you don’t feel confident enough to do this by yourself, you could speak to someone else at work, or to a union representative.
If they do not accept how their behaviour has made you feel, they continue with their behaviour, or if you do not feel confident enough to raise the issue directly with them, you should raise their behaviour with your manager or a member of HR and see if you can resolve the issue informally.
If you cannot resolve the issue, or the bullying is too severe to be resolved informally, you should refer to your employer’s grievance procedure.
If your employer does not handle the grievance effectively, you have the right to appeal. If, after the appeal, they still do not take steps to prevent you from being bullied by the senior staff member, you may be able to bring a claim to an employment tribunal.
You cannot make a claim directly for “bullying” on its own. However, if you feel that you have no other choice but to resign because of the bullying, you may be able to claim ‘constructive dismissal’. There are strict limitations on claiming constructive dismissal, so if this is something that you are considering doing, you should speak to a legal adviser.
If the bullying is connected to a protected characteristic, such as race or gender, you may be able to make a claim for harassment. As with a constructive dismissal claim, there are strict time constraints to making a harassment claim, so you should consult a legal adviser.
Does my employer have to make allowances for my disability?
Under the Equality Act 2010, employers are required to make “reasonable adjustments” for disabled employees.
What is a “reasonable” depends on each individual situation. It depends on if the adjustment is practical, if it is affordable, if it could harm the health and safety of others and if it will actually reduce or remove the disadvantage.
If your employer fails to make reasonable adjustments, you could potentially claim disability discrimination for “failure to make reasonable adjustments”.
My employer is refusing to pay my expenses. What can be done?
Take a look at your employment Contract and Company Handbook. If your Contract or Handbook stipulates that your employer is required to reimburse you for expenses, and they refuse, this amounts to a breach of contract.
At this point, engage with a legal adviser. They can advise you on your next steps. You could potentially claim Constructive Dismissal if the failure to pay expenses is classed as a “fundamental” breach of contract and effectively forces you to resign. They could also advise you on potential breach of contract claims, either at an Employment Tribunal or at a civil court.
I was harassed at the Christmas do by a member of the team and nothing has been done.
First, exhaust your Employer’s grievance procedure. Depending on the severity of the accusation, you may first pursue the grievance informally, or through a formal grievance procedure.
If your employer fails to take your grievance seriously or to take appropriate action, and you have appealed their decision to no avail, you may have grounds to claim Constructive Dismissal.
If the harassment is related to a protected characteristic, you could claim harassment at an Employment Tribunal. There is no statutory limit on payouts for harassment claims.
Making a complaint about harassment is a “protected act”. This means that if you are treated negatively because you complained about harassment, you could be deemed to be “suffering a detriment”. If you think that you have suffered a detriment as a result of a protected act, you could potentially have a claim for victimisation.
If you feel that you have been effectively forced to resign because you have suffered harassment or victimisation at work, you may also be able to claim constructive dismissal.
However, there are specific limitations on claims that you can make for harassment, victimisation and constructive dismissal. If you do experience harassment and your employer fails to act on it, you should engage with a legal adviser to advise you on your options.
What happens after receiving a speeding ticket, getting flashed by a speed camera, or being caught speeding?
The police must send a Notice of Intended Prosecution (NIP) to the registered keeper of the vehicle. This does not always mean that you are going to face prosecution, it is rather a warning that you might. The NIP must be received within 14 days of the offence if you were not warned about the possibility of prosecution at the time of the alleged offence or if you have not been charged within 14 days of the incident.
With the NIP you will receive a Section 172 notice which requires you to, within 28 days, name the driver at the time of the alleged offence. It is vital that this is responded to before the 28-day time limit, as otherwise this could lead to you being prosecuted further for the offence of failing to provide the identity of the driver which in itself carries 6 penalty points and a potential fine up to £1,000.00.
We strongly recommend seeking advice as soon as possible after receiving a NIP, or if you have been charged with the offence of failing to identify to get in touch with us promptly.
Can I still be prosecuted for speeding if I was flashed by a speed camera but didn’t receive a Notice of Intended Prosecution (NIP) within 14 days?
The NIP must be received by the registered keeper of a vehicle within 14 days of the alleged offence otherwise it will most likely be invalid. However, there are exceptions to the rule. This can be for instance, if the vehicle is not registered to you then as long as the first NIP reaches the registered keeper within 14 days then it remains valid. Furthermore, if your address is incorrect on your vehicle’s V5C then the NIP will still be valid unless you can prove that it was sent to the wrong address as a result of an administrative error or delay with the DVLA. Finally, if it is lost or delay in the post, this would not invalidate the NIP as the police only have to show that they acted promptly when issuing the NIP.
Can a police officer ask me to take a roadside breath test if I wasn’t driving?
You do not have to be driving for a police officer to require you to provide a preliminary breath test. This can be done through suspicion of the offence of being drunk in charge of a motor vehicle. Per Section 7(6) of the Road Traffic Act 1998, it is an offence to fail without a reasonable excuse to provide a specimen of breath, blood or urine when lawfully required to do so by a police officer. This offence carries up to 10 points or disqualification and a fine. It is advised that if you are charged with being drunk in charge of a vehicle that you seek legal advice as soon as possible, as you may have a defence such as there being no likelihood of you driving the vehicle.
How long does a drink driving conviction stay on my driving record or licence?
This is dependent on the drink driving offence and its relevant endorsement code that you have plead or have been found to be guilty of. For some driving offences such as being in charge of a vehicle or failure to provide a specimen for a breath test will remain on your licence for 4 years.
However, offences such as driving or attempt to drive with an alcohol level above the prescribed limit for example will remain on your driving record 11 years from the date of conviction. It is important to note that these endorsements will be visible to insurers, employers and the police for the duration they are on your licence. The offence may also appear on DBS checks, which may affect your eligibility for employment in certain professions.
What happens if I get 6 penalty points on my licence as a new driver within the first two years after passing my driving test?
New drivers are subject to a strict probationary period lasting two years from the date they pass their first driving test. During this time, accumulating 6 or more penalty points results in automatic licence revocation. This means there is no opportunity for a court hearing or any discretion from either the DVLA or the police as to whether your licence is revoked. Once revoked, you must apply and pay for a new provision licence and drive as a learner, i.e., you must have supervision and display “L” plates.
To regain a full driving licence, you must retake both your theory and practical driving tests. Importantly, any existing points will stay on your licence as the revocation does not wipe your record clean as is the case for a driver that is disqualified by the courts. This could result in further disqualification under totting-up rules.
Will I lose my licence for speeding or dangerous driving?
Minor offences are usually dealt with by way of penalty points or a fine, or if eligible, a driver retraining course instead (such as a speed awareness). However, if your speed is significantly excessive, with general rule of thumb of being 45%-50% of the speed limit, you could be given an instant driving ban. The offence of dangerous driving carries a mandatory disqualification of 1 year with a compulsory extended re-test.
You may also be banned if your total number of endorsement points on your licence reaches 12. However, you may be able to avoid disqualification through advancing an argument of exceptional hardship. This is a complex process and requires a very high standard to be met. It is therefore recommended to seek the guidance of a solicitor if this is something you would like to explore. Here at Chadwick Lawrence, we have significant experience with exceptional hardship arguments and have achieved many success stories representing clients faced with disqualification.
What is considered harassment under UK law?
| Harassment is behaviour causing another person alarm or distress and must involve a course of conduct (at least two incidents). The Protection from Harassment Act 1997 (PHA) defines harassment broadly to include behaviour that is “oppressive and unacceptable,” going beyond ordinary annoyance. |
Does harassment need to occur more than once?
| Yes. The PHA usually requires conduct on at least two occasions for it to qualify as harassment. |
What types of behaviour can amount to harassment?
| Examples include threatening messages, unwanted contact, stalking, abusive comments, monitoring, intimidation, impersonation, and gestures or non‑verbal conduct. Behaviour online is also covered. |
What are my options if I am being harassed?
| You may seek legal advice, apply for an injunction (such as a restraining order), or pursue a civil and/or criminal action under the PHA. Compensation and damages may also be available. |
Does the law protect me from online harassment?
| Yes. Online conduct, including monitoring, threatening messages, impersonation, and repeated unwanted contact, could amount to harassment. |
Is harassment also a criminal offence?
| Yes. Harassment can amount to a criminal offence under the PHA,. |
Is it important to act promptly?
| Yes. Given the nature of harassing conduct, people should act at the earliest opportunity to seek advice. |
What is the difference between libel and slander?
| Libel is a written, permanent statement, and slander is a spoken, temporary statement. |
How can I protect my reputation online?
| For individuals, protection can include ensuring privacy settings are set, reporting inappropriate comments or spam, thinking before you post, and acting immediately should you have concerns as to reputational harm. |
Can I sue someone for defamation on social media?
| Yes, social media is often where people publish defamatory material, and this is not an issue when exploring a claim. |
What constitutes a false statement in media?
| Something that is for example, untrue, fabricated, and/or misleading. |
How long do I have to file a defamation claim?
| The limitation period to bring a defamation claim is usually one year from the date of first publication. |
Are opinions considered defamation?
| The defence of honest opinion applies when a statement made is an expression of opinion rather than a statement of fact. There are technicalities which must be met for this defence to apply. |
What counts as a personal dispute?
| Personal disputes are disagreements that affect individuals, such as contested wills, property disputes, or claims against professionals. We provide supportive advice and guide you through your options clearly and with care. |
What is contentious probate?
| Contentious probate covers disputes arising after someone’s death – for example, where a will is challenged because of concerns over capacity, influence, or fairness. We help families understand their rights and find the best path forward. |
Can I challenge a will in England and Wales?
| Yes, in specific circumstances – for example, if the will wasn’t properly signed, the person lacked mental capacity, or it doesn’t make reasonable financial provision for a dependent. We’ll explain whether you have grounds to challenge and what the process involves. |
How long does a probate dispute take?
| Timing depends on the complexity of the issues and how willing the parties are to resolve matters without court. Many disputes settle through negotiation, but when court proceedings are necessary, it can take longer. We’ll give you a clear guide upfront. |
What types of property disputes do you handle?
| We advise on a range of property disputes – from boundary disagreements and lease disputes to landlord/tenant issues and claims against property professionals. Our approach is to listen, then offer practical steps to resolve the situation. |
What is professional negligence for individuals?
| Professional negligence for individuals may arise if a solicitor, surveyor, accountant, or other professional fails to provide the standard of service you reasonably expect, and this results in loss. We’ll assess your case and advise on whether you have a claim. |
How much does resolving a personal dispute cost?
| Costs vary based on the type of dispute and how it is resolved. We aim to be transparent about likely costs and funding options so you can decide what’s right for you |
Can you help with disputes relating to private contracts and consumer rights?
| Yes. We regularly advise individuals on disputes arising from private contracts, including where goods or services have not been provided as agreed, work has been carried out to an unsatisfactory standard, or a business has failed to meet its legal obligations to you as a consumer.
We can help you understand your rights, assess whether a contract has been breached, and advise on the options available to resolve the dispute. Our aim is to provide clear, practical guidance and to help you achieve a fair outcome as efficiently as possible, whether through negotiation, mediation, or formal legal action where necessary. |
How do I start divorce proceedings in England and Wales?
| To apply for a divorce you must have been married for at least one year. Since April 2022 you can simply confirm that your marriage has broken down irretrievably, there is no requirement to blame one party. You can apply jointly with your spouse, or as most clients do, apply as the sole applicant. The process involves you submitting an application then waiting for the 20-week reflection period to pass before applying for your conditional order. You must then wait for a further six weeks plus one day before applying for the final order which will legally end your marriage. In order to make your application for a divorce you will need your original marriage certificate or a certified colour copy. The court fee is currently £612 (correct as of January 2026). |
How long does a divorce take?
| The timeframe for a divorce is now 26 to 30 weeks from the start of proceedings to the final order. This includes a 20-week period from the application to the conditional order, and then the six weeks to apply for the final order. In practice, most divorces take six to twelve months. Financial matters and arrangements for children are dealt with separately. |
What is a financial settlement and how is it decided?
| A financial settlement is the agreement to share the matrimonial assets which includes property, savings, businesses, debts, pensions and income between you and your spouse following divorce. It is always preferable to negotiate this arrangement without needing to make a court application. It is important that you both understand the other’s financial position before reaching any agreement which should be incorporated into a financial consent order and approved by a judge.
If unfortunately, you cannot reach an agreement that creates a fair outcome via solicitor or through non-court dispute resolution then a court application can be made. The judge will look at specific factors such as the length of marriage, each party’s financial needs and available resources, contributions made, standard of living, ages, and how to meet the welfare needs of any children. |
What is a financial settlement and how is it decided?
| A financial settlement is the agreement to share the matrimonial assets which includes property, savings, businesses, debts, pensions and income between you and your spouse following divorce. It is always preferable to negotiate this arrangement without needing to make a court application. It is important that you both understand the other’s financial position before reaching any agreement which should be incorporated into a financial consent order and approved by a judge.
If unfortunately, you cannot reach an agreement that creates a fair outcome via solicitor or through non-court dispute resolution then a court application can be made. The judge will look at specific factors such as the length of marriage, each party’s financial needs and available resources, contributions made, standard of living, ages, and how to meet the welfare needs of any children. |
Will I have to sell the family home?
| This is not always a straightforward issue but often it is not necessary to sell the family home. For many families it is often the most significant and valuable capital asset, but there are several options. One spouse can sometimes buy out the other’s interest. Or you may be able to agree to delay a sale until your youngest child finishes education. The final option is to or sell immediately and divide the proceeds by agreement. The court will tend to prioritise housing needs, particularly for any children |
How are arrangements for children decided?
| Parents are always encouraged to agree arrangements for children themselves, focusing on what is in the children’s best interests and what works for their family. Decisions will include where the children will live, how much time they spend with each parent, where they will go to school and how to best meet any specific healthcare needs they have. If you cannot agree, you can apply to court for a child arrangements order although this should always be the last resort. The court’s primary consideration is the child’s welfare, taking account of their wishes and feelings, physical and emotional needs, likely effect on them of any change, any particular characteristics they have, and any harm they’ve suffered or are at risk of suffering. Courts make decisions on child arrangements with assistance from Children and Family Court Advisory and Support Service (CAFCASS) |
What is mediation and should I consider it?
| Mediation involves working with a neutral mediator trained to help you and your spouse/partner reach agreements about your finances and/or children. It’s a voluntary process and is usually faster and less expensive than court proceedings. Your first appointment will be a Mediation Information and Assessment Meeting (MIAM) which enables the mediator to assess whether your case is suitable for mediation. If it is then you will be invited to a joint meeting with your spouse/partner. These can be done online or in person. You must attempt to mediate before you can apply to court.
Mediation can be particularly helpful to maintain a working positive relationship after your separation, especially if you have children. However, it’s not suitable for everyone and the initial assessment by the mediator at the MIAM will identify cases which are unsuitable. |
What is collaborative law?
| Collaborative law is a process whereby you and your spouse/partner each instruct specially trained collaborative lawyers and commit to resolving matters without going to court. You will sign a participation agreement which sets out your commitment to the process and confirms that if for any reason it breaks down you will attend arbitration to resolve matters. You then attend a series of four-way meetings with both lawyers present where you follow an agreed agenda and work together to achieve an agreement. If needed, you can include other experts in the process such as financial advisers or pensions actuaries. |
Can we use arbitration for our financial dispute?
| With the court service overstretched, arbitration is an increasingly popular for resolving financial disputes and arrangements for children. You and your partner will both need to commit to this process, it cannot be forced or ordered by the court. You will need to agree the identity of the arbitrator (usually an experienced family law barrister or retired judge). They will hear your oral evidence and make a legally binding decision. It is a far quicker process and more flexible than traditional court proceedings. You can choose your arbitrator, and hearing dates can be arranged to suit you. A significant benefit to
some clients is that the process is entirely private, unlike court hearings in some financial cases. The arbitrator’s award can subsequently be made into a court order. However, a significant difference from traditional court proceedings is that the parties must meet the costs of the arbitrator. That said, dealing with matters more quickly will usually result in a cost saving overall. |
Do I need a solicitor or can I represent myself
| You can absolutely represent yourself. You will be referred to as a litigant in person. However, family law can be a complex area to navigate. A solicitor can advise on your legal position, help negotiate settlements, ensure paperwork is completed correctly, and draw on their experience to represent you in court or other non-court dispute resolution methods. For financial matters particularly, legal advice is often worthwhile given the long-term implications. If you cannot afford full representation, you might consider our pay as you go service where you can receive help and advice on an ad hoc basis when you feel you need it. |
How much will my divorce and financial settlement cost?
| Costs vary enormously depending on complexity, how much or little help and advice you need and in particular whether matters are agreed or not. The court fees for a divorce are currently £612 and solicitor fees will be in addition to that. Using alternative dispute resolution methods like mediation, collaborative law, or arbitration is generally more cost-effective than contested court proceedings. We offer fixed fees where we can, hourly rates and pay as you go. For a specific costs estimate, we will ask for more information from you before providing your bespoke quote. |
Can I make a medical negligence claim?
| For a medical negligence claim to be successful, you must prove that:
· The care you received was negligent (Breach of Duty), and · The breach of duty caused or materially contributed to an injury that you suffered (Causation) |
How long do I have to make a medical negligence claim?
| There are time limits for you to bring a medical negligence claim. You must either settle your claim or issue Court proceedings within 3 years of the date of negligence, or 3 years from the date on which you first discovered possible negligence.
For children, limitation expires 3 years from the child’s 18th birthday. If a person lacks the mental capacity to bring a claim, time limits usually do not apply. Because these rules can be complex, we recommend contacting us as early as possible, to ensure there is sufficient time for us to investigate before the limitation period expires |
How long does a medical negligence case take?
| Medical negligence claims are generally a lengthy process, due to their complex nature and the multiple steps involved. As a rule of thumb, it usually takes around 2-3 years to conclude your claim,
but this may vary depending on individual circumstances. It is important to note, that you will be kept informed at each stage throughout the process |
How much does it cost to make a medical negligence claim?
| Initial correspondence to discuss your enquiry, whether by email or telephone, is entirely free of charge.
Here at Chadwick Lawrence, if we consider there is merit to investigate your claim, we will discuss all possible funding options with you. We typically offer you a “no win no fee” agreement, known as a Conditional Fee Agreement. In a nutshell, if you are unsuccessful, there will be nothing for you to pay. If your claim succeeds, your costs will typically be paid by the Defendant. Any small contribution that you are required to pay would be deducted from your compensation at the conclusion of the claim, which will be agreed with you at the outset. We will also assist you in checking whether you have any legal expenses insurance that may help to fund your claim. |
Can I make a claim on behalf of someone else, such as my child or a deceased loved one?
| Yes, this is very common. If someone suffers an injury as a consequence of negligence, they are often unable to pursue a claim on their own behalf, and it is common for a family member to act as a ‘Litigation Friend’. This usually occurs when the person is under the age of 18 or lacks the mental capacity to bring a claim for compensation.
Similarly, a claim may be brought on behalf of a person who has died, and on behalf of those that were dependent on the deceased loved one. |
What types of medical negligence claims do Chadwick Lawrence deal with?
| Medical negligence claims can cover a wide range of circumstances meeting the above criteria. Every case is unique, but some common themes can include misdiagnosis, delays in diagnosis, surgical errors, prescription errors, incorrect treatment and birth injuries.
Our dedicated team of experienced solicitors deal with a variety claims. Please feel free to contact us for a free and confidential initial consultation to discuss your enquiry. |
How much compensation could I receive?
| The amount of compensation you receive in a clinical negligence claim will depend upon the type and severity of your injuries. It takes into account the impact of the negligent treatment on you to date, and how it will affect you for the remainder of your life.
Compensation awards are calculated on a case-by-case basis. You can claim for your pain, suffering and loss of amenity, and any past or future financial losses, including: · Loss of earnings · Travel expenses · Care and assistance, which includes the time spent by friends and family providing care which you would not have required but for the negligent treatment · Treatment Costs, including the costs of; prescriptions, surgery, physiotherapy, rehabilitation or other treatment required as a result of your injuries · Aids and equipment costs, such as; orthotics, prosthetics, walking sticks, crutches and wheelchairs · Adaptation costs to your home and/or the purchase of more suitable accommodation due to your injuries |
Can I make a complaint about my treatment whilst also making a claim for compensation
| Yes, you are entitled to raise a formal complaint if you are not satisfied with the care you received. Importantly, this will not prevent you from being able to make a claim for medical negligence.
If you are unsure which route to take, or whether to do both, contact our team for some free initial advice. |
Will making a medical negligence claim delay or affect my treatment?
| No. We do understand that this is something many worry about when considering whether to make a claim. However, your ongoing treatment is kept entirely separate from making a legal claim. Healthcare providers have an ongoing duty of care to treat you safely and professionally, regardless of a potential claim. |
How is my case valued?
| Your case is valued by reference to the Judicial College Guidelines, which are valuation guidelines for a range of conditions and symptoms and are used by Judges to decide cases. Reference is also made to previously decided cases similar to yours and the medical report obtained during the course of your claim. We are unable to value your case at the outset of the claim as we won’t have a medico legal report at that stage, but we will seek to do so as soon as the medical report is obtained. |
How long do I have to make a personal injury claim?
| You have 3 years from the date of your accident to issue proceedings in your claim, if proceedings are not issued before this date then you are statute barred from bringing the claim under the Limitation Act 1980. |
How long does a personal injury claim take?
| We advise that your claim will likely take between 9 and 12 months from when you sign the necessary documents for us to begin work on your claim, however this is highly dependent on what transpires during the claim and how complex it is, so it could be longer or shorter than this estimate. |
How much compensation could I receive?
| There are two distinct components to your claim. The first is compensation for your pain, suffering, and loss of amenity arising from the injuries sustained. The second relates to the recovery of any financial losses incurred as a result of the accident, such as loss of earnings, the cost of medical treatment, pain medication, and any other associated expenses.
The value of the injury aspect of your claim will depend on the severity of your symptoms, the expected duration of those symptoms, the impact on your daily activities, and any effect the injuries have on your ability to work. |
How much does it cost to hire a personal injury solicitor?
| All of our claims are dealt with on a no win no fee basis. However we normally also deduct up to 25% of any settlement by way of a success fee if we win the case. Additionally an After The Event (ATE) insurance premium is also deductible. Full details of these premiums can be supplied on request5. Finally the sum of £24 is also deducted from damages for an ID check. However we must stress that if the case is not successful you would not pay us anything. |
What is After The Event (ATE) insurance?
| ATE is the insurance we take out to protect the claim from any unexpected costs we are unable to recover from the Defendant. For example, if there was a medical expense we couldn’t recover from the Defendant, we would seek to claim the cost of it from the ATE insurer rather than deducting it from your settlement. |
What evidence do I need to initially bring my claim?
| The information required will vary depending on the type of claim; however, certain evidence is beneficial in all cases. This includes photographs of the accident location, photographs of any defect that caused your injury (ideally with measurements where applicable, for example the depth of a pothole), and photographs of your injuries.
It is also helpful to provide any accident report forms, documentation confirming that the incident occurred, and any other records you believe are relevant to the accident or its impact on you. In addition, please supply details of any witnesses to the incident. |
What further evidence is required to support my claim for personal injuries?
| To progress with a personal injury claim, you will need to attend an examination with an independent medical expert, such as a General Practitioner, Consultant Orthopaedic Surgeon, or Consultant Plastic Surgeon, depending on the nature of your injuries. Chadwick Lawrence will arrange this appointment on your behalf.
Medical examinations are usually arranged once liability has been admitted. Before an appointment can be booked, we will require access to your complete medical records and notes, as these are necessary for the medical expert to review in advance. |
What further evidence is required to support my claim for financial losses?
| Please retain all receipts and invoices for any financial losses you have incurred, including travel expenses, treatment costs, and medication. It will be difficult to recover any losses which are not supported with evidence. For loss of earnings, if you are employed, we will require copies of your wage slips from both before the accident and during your period of absence from work. If you are self employed, please provide copies of your income and expenditure records, along with your tax returns for the period prior to the accident and for the period covering your absence, in order to evidence any loss of profit. |
What is a will and why do I need one?
| A Will is a legally binding document which sets out how your money, property and personal belongings are distributed following your death. It also enables you to appoint trusted people, your executors, to administer your estate in accordance with your wishes stated in your Will.With a Will, you can ensure that your wishes are clearly documented and are put in place, which provides clarity for your family and loved ones. Without a valid Will, your estate will be distributed in accordance with the rules of intestacy, which may not reflect your wishes |
What happens if someone dies without a will?
| If someone dies without a Will, they are said to have died intestate. Their estate will therefore be distributed in accordance with the rules of intestacy. These rules set out the strict order of entitlement, moving to the next group depending on your marital status and your surviving family, starting with a spouse or civil partner, followed by children (biological and adopted) and then parents, siblings, nephews and nieces and then more distant family members.
This may result in people who you may have wished to benefit excluded from receiving a share of your estate, which can lead to delays and disputes. |
Who can make a legally valid will?
| Anyone over the age of 18 can make a valid Will. However, those who are in active military service may make a valid Will if under 18.
To make a Will, you must have metal capacity, that is you understand the nature and effect of making a Will and you must be making the Will voluntarily, that is without undue influence from someone else. |
How often should a will be updated?
| We would recommend you review your Will every 3 to 5 years or sooner if your circumstances change, such as marriage, divorce, children, changes in your financial circumstances or the death of a family member.
Reviewing your Will regularly ensures that your wishes are up to date. |
What makes a will legally valid?
| For a Will to be legally valid you must:-
Be over the age of 18 |
Can I write my own will without a solicitor?
| You can write your Will without a solicitor, however, this is not advisable.
A solicitor will ensure that your Will is clear, legally valid and reflects your wishes. They will also provide you with advice tailored to your circumstances and perhaps raise points which you may not have thought of. Writing your own will may lead to mistakes or omissions which may cause disputes, invalidate parts or all of your Will and create unnecessary delays and stress for your loved ones. |
What is the purpose of the Court of Protection?
| The Court of Protection is a specialist Court that makes decisions on behalf of people who lack mental capacity to make decisions for themselves about either their finances or health and welfare.
The Court has authority to make ‘one off’ decisions or may appoint a deputy should a series of decisions need to be made. If there is disagreement about what is a person’s best interests the Court can step in to resolve disputes |
What is a deputy?
| Deputies can be appointed by the Court of Protection to assist with decision making on behalf of a person who lacks capacity due to an illness, medical condition or learning difficulty.
Deputies can be appointed to deal with either property and financial affairs or health and welfare matters. A financial deputy will have authority to manage bank accounts, pay utility bills and speak to third parties on behalf of the person who lacks capacity. If authority is required to purchase or sell a property on behalf of the person who lacks capacity specific court authority will be required. A health and welfare deputy may need to assist with decisions about care packages, where the person lives or medical treatment. Our Solicitors are regularly appointed as property and affairs deputies, and we can assist families who wish to apply for both types. |
How long does the application for deputyship process take?
| The process for appointing a deputy usually takes between 4 to 6 months for a straightforward uncontested application. This is a guide and will depend on how many applications the Court is dealing with at any time.
If an application is particularly urgent it is possible to ask for it to be fast tracked by the Court if sufficient evidence is provided to justify the urgency of the request. We can provide further guidance if an urgent application is required. |
Is it possible to apply for discounted fees?
| It is possible to apply for a fee remission or exemption if the person who requires a deputy is in receipt of certain means-tested benefits or is on a low income.
All costs relating to the appointment can be recovered from the person who requires a deputy. However, the applicant may need to pay these costs upfront and be reimbursed once they are appointed as deputy and have access to funds. |
How long does a deputyship last?
| When a deputy is appointed, the Court will issue an Order which confirms whether the deputy is appointed for a specific period (e.g. one or two years) or until a further Order is made by the Court.
Capacity can fluctuate and therefore it is possible for the person who has been assessed as lacking capacity to make a particular decision to acquire or regain capacity in the future. If that happens an application will need to be made to the Court to review whether the deputyship should come to an end. If the person who lacks capacity dies the Court will need to be notified and the deputyship will come to an end. |
What is the difference between a deputyship and a Lasting Power of Attorney (LPA)?
| If you do not have capacity to make decisions about your finances or health and welfare you will not be able to make an LPA which appoints an Attorney to deal with these matters and a deputy will need to be appointed.
However, if you have a valid LPA or Enduring Power of Attorney (EPA) and the appointed Attorneys are able and willing to act in this role, and you lose capacity a deputyship may not be required. In these circumstances it is best to seek legal advice to confirm the available options. |
Who can our commercial property solicitors assist?
| Our commercial property solicitors advise on business‑focused property matters and operate separately from our residential Real Estate team.
We regularly act for a wide range of clients, including developers, landowners, commercial landlords and tenants, investors and portfolio owners, and corporate clients. We also assist private individuals and businesses acquiring, managing or disposing of commercial property and support our corporate team on the property aspects of wider business transactions, such as share and asset purchase agreements. Our advice is tailored to the commercial objectives of each client at every stage of the property lifecycle. |
What are Heads of Terms and a Memorandum of Sale?
| Heads of Terms and Memorandums of Sale are documents used to record the principal commercial terms agreed between the parties before the formal legal documentation is prepared.
Heads of Terms are commonly used in commercial leasing transactions and usually set out matters such as the identity of the parties, the length of the lease, rent and rent review provisions, any break options, repairing responsibilities, service charge arrangements and any conditions such as planning or surveys. A Memorandum of Sale is typically used on a property sale and records key details including the property address, agreed price, the parties involved, their solicitors and the anticipated timescales. While these documents are often expressed to be non‑binding, accuracy is essential as they form the basis upon which the legal documents are drafted. |
What are the risks when buying or selling property at auction?
| Buying or selling property at auction carries a number of risks that should be carefully considered in advance.
Once the hammer falls, a legally binding contract is formed. For buyers, this means you are committed to proceed even if issues later arise with the title, planning position, lease arrangements, or the physical condition of the property. There is usually no opportunity to renegotiate or withdraw without significant financial consequences. For sellers, there is a risk that the property may sell for less than anticipated if an acceptable reserve price is not achieved or if interest on the day is limited. Auction contracts also typically require rapid completion, often within 20 working days, leaving very little time to resolve legal or funding issues. Obtaining legal advice before the auction allows potential risks to be identified and addressed, or an informed decision to be made on whether to proceed. |
Why do I need legal advice for a commercial lease?
| A commercial lease is a contractually binding legal document that can impose long‑term and significant obligations on both landlords and tenants. Leases typically deal with matters such as rent, repairs, insurance, service charges, alterations, assignment rights and termination provisions, all of which can carry substantial financial and operational consequences depending on how they are drafted.
Legal advice allows you to fully understand the terms of the lease and how they will affect you in practice. It also provides an opportunity to negotiate provisions that may be unclear or unfavourable, ensure the documentation accurately reflects the commercial agreement reached, and deal properly with post‑completion requirements such as Stamp Duty Land Tax submissions, Land Registry registration and protecting your interest on the title. Taking advice at an early stage can help prevent costly issues or disputes arising later. |
Do I have to pay Stamp Duty Land Tax (SDLT) on a commercial lease?
| In many cases, SDLT is payable on a commercial lease, although this will depend on the specific terms of the lease. SDLT may be payable where a premium is paid to the landlord, where the net present value of the rent exceeds the applicable SDLT threshold, or where the lease is granted in connection with a transfer of land.
Even if no SDLT is ultimately payable, it may still be necessary to submit an SDLT return to HMRC. Incorrect or late submissions can result in penalties and interest, so it is important to take advice to ensure the position is assessed correctly and any required filings are dealt with properly. |
When does a commercial lease need to be registered?
| A commercial lease will usually need to be registered at HM Land Registry where it is granted for a term of more than seven years. Registration may also be required where a lease takes effect more than three months after the date it is completed, even if the overall length of the lease is shorter. Certain lease variations, surrenders or re‑grants can also trigger registration requirements.
Registration is an important step as it ensures the tenant’s legal interest in the property is properly protected. Until registration has taken place, the lease may only operate as an equitable interest, which can create risk if the property is sold, refinanced or otherwise dealt with. |
Who is responsible for repairing and maintaining a leasehold property?
| Responsibility for repairing and maintaining a leasehold property depends entirely on the terms of the lease itself, which is why obtaining legal advice is so important.
In general, a lease of a whole building often places full repairing and maintenance obligations on the tenant. Where a lease relates to part of a building, the tenant is typically responsible for internal repairs only, with the landlord maintaining the structure and common parts and recovering those costs through service charge provisions. Repairing obligations may also be limited or qualified by specific lease provisions, such as restrictions on liability or reference to a schedule of condition, which can significantly affect the extent of a tenant’s responsibility. These terms vary from lease to lease and should always be carefully reviewed. |
Do employees have a right to approach a solicitor about an issue that is 10+ years old?
Employees always have the right to approach a solicitor about a workplace issue regardless of how long ago the issue took place as they may still have a right to bring legal action. However, in certain cases where there, for example, is new evidence or if there is an ongoing act then an employee may have a right to bring a claim. An employee may also have a right to bring a claim if it is in the public interest to do so. Ultimately, an employee always has a right to approach a solicitor regarding an issue regardless of how old the issue is and therefore unless a strict time limit has surpassed employers should always follow ACAS guidance when dealing with an employment issue.
My employee has made a claim of discrimination that is unfounded. What do I do?
When receiving an unfounded claim, the worst thing a Company can do is treat the claim as unfounded. This could be dismissing the claim, reacting to the claim emotionally by punishing the employee or failing to investigate the claim formally due to believing it has no merits. In doing this, where there may have been no claim previously, the Company have put themselves at risk due to not following the correct procedure.
Instead, the Company should follow the same grievance process as they would with any claim regardless of whether the Company believes it has merits or not. This process should involve sufficiently investigating the claim by speaking to the relevant parties and gathering evidence before coming to a fair and reasonable outcome.
What are the grounds for dismissal about underperformance?
In the event that an employee is underperforming, dismissal is an option, but this must be dealt with following a formal capability process as without this process the Company is potentially opening themselves up to an unfair dismissal claim.
The elements of a capability process will involve identifying the reasons for poor performance through an investigation. Following this we will invite the employee in question to a capability meeting to discuss the issues and see if there is any way that the company can support the employee. This is an important step as if the underperformance is a result of a disability and the Company have not addressed this with reasonable adjustments the Company may also be risking a discrimination claim. If there is no reasonable adjustment that the employer can make, then we can progress through the capability process, potentially resulting in dismissal.
What are the differences between temporary and permanent contracts?
In the event that an employee is underperforming, dismissal is an option, but this must be dealt with following a formal capability process as without this process the Company is potentially opening themselves up to an unfair dismissal claim. The elements of a capability process will involve identifying the reasons for poor performance through an investigation. Following this we will invite the employee in question to a capability meeting to discuss the issues and see if there is any way that the company can support the employee. This is an important step as if the underperformance is a result of a disability and the Company have not addressed this with reasonable adjustments the Company may also be risking a discrimination claim. If there is no reasonable adjustment that the employer can make, then we can progress through the capability process, potentially resulting in dismissal.
What is the difference between cash-flow insolvency and balance-sheet insolvency?
Cash-flow insolvency is about whether a business can pay its bills on time. A common scenario is where customers are paying late, but expenses such as wages, rent, or tax are due at the end of the month, and the business does not have enough cash in the bank to meet those payments when they fall due.
Balance-sheet insolvency, on the other hand, is about whether the business is worth less than what it owes overall. A company may still be paying its monthly bills and continuing to trade, but if its total debts (such as loans and outstanding liabilities) exceed the value of its assets (including stock, property, cash, and money owed to the business), it may be balance-sheet insolvent.
Either position can indicate insolvency and is usually a sign to take advice early. Early advice can protect directors personally and often gives a business more options to recover before the situation becomes more costly or irreversible especially where restructuring or recovery options may still be available.
What is the difference between voluntary and compulsory liquidation?
Liquidation is a formal process of bringing a company to an end. The company stops trading, its assets are collected and sold, and the money raised is used to pay creditors as far as possible.
A voluntary liquidation is where the company decides to close down and appoint a liquidator itself. This often happens when the directors recognise that the business cannot recover or meet its debts. By speaking to an insolvency practitioner early, the company can enter liquidation in a planned and structured way, allowing assets to be dealt with fairly and reducing disruption.
A voluntary liquidation can also be used for solvent companies, known as a Members’ Voluntary Liquidation (MVL). This is often used where the company can pay its debts in full, but the owners want to close the business (for whatever reason) in an orderly and potentially tax-efficient way. A licensed insolvency practitioner is ordinarily appointed to deal with the process, and any remaining funds or assets can then be distributed to shareholders in a fair manner.
Compulsory liquidation is where the court orders the company to be wound up, usually because a creditor has not been paid. For example, a creditor owed a significant sum of money may present a petition to the court to force the company into liquidation. In this situation, control is taken out of the directors’ hands, and the process can be more abrupt and stressful.
We regularly work alongside trusted national and local insolvency practitioners to explore these options, ensuring businesses receive joint-up practical advice at an early stage.
In simple terms, the plan sets out what needs to change, how quickly it needs to happen, and what steps will be taken if those changes do not work. The aim is to relieve financial pressure, protect the business, and avoid a collapse where possible.
As such, in order to further alleviate any problems you may have, we can bring in colleagues from our Corporate and Commercial, Employment, Commercial Property, and Regulatory teams early in order to assist in your matter, providing you with a comprehensive team looking after the various legal issues affecting your business outside of the concerning insolvency elements.
Can transactions be challenged before insolvency?
Yes. The law allows certain transactions made before insolvency to be reviewed and, in some cases, reversed in order to protect creditors as a whole. For example, if a director repays a loan owed to a friend or family member shortly before the company collapses, while other creditors remain unpaid, that payment may be considered unfair and could be challenged.
Similarly, if a company sells assets or property to someone connected to the business for much less than they are worth shortly before liquidation, a liquidator may seek to unwind that transaction or recover the difference in value. The purpose of these rules is to prevent assets being moved out of the company unfairly and to ensure creditors are treated as evenly as possible.
Can I be sued as a director after liquidation?
Sometimes, yes, but it very much depends on what happened before the company went into liquidation. When a company is liquidated, the liquidator has a duty to review how the business was run in the period leading up to insolvency. This is a standard part of the process and does not automatically mean a director has done anything wrong.
Issues can arise if a company continued trading and taking deposits from customers at a time when the directors knew, or should reasonably have known, that there was no realistic prospect of avoiding insolvency. In those circumstances, a liquidator may question whether trading should have stopped earlier to limit losses to creditors.
Claims may also arise if company assets were sold or transferred for little or no value, or if one creditor was paid ahead of others shortly before insolvency, particularly where the transaction benefited a director or someone connected to them. These situations are reviewed to ensure company assets were not unfairly removed or misused to the detriment of creditors.
That said, many liquidations do not result in claims against directors. Directors who act honestly and responsibly, keep proper records, and seek professional advice as soon as financial difficulties arise are often able to demonstrate that they acted appropriately in challenging circumstances. Taking early advice can help protect directors personally and ensure decisions are made with creditors’ interests in mind once insolvency becomes a risk.
Can transactions be challenged before insolvency?
Yes. The law allows certain transactions made before insolvency to be reviewed and, in some cases, reversed in order to protect creditors as a whole. For example, if a director repays a loan owed to a friend or family member shortly before the company collapses, while other creditors remain unpaid, that payment may be considered unfair and could be challenged.
Similarly, if a company sells assets or property to someone connected to the business for much less than they are worth shortly before liquidation, a liquidator may seek to unwind that transaction or recover the difference in value. The purpose of these rules is to prevent assets being moved out of the company unfairly and to ensure creditors are treated as evenly as possible.
How can Mediation and ADR be used in an insolvency context?
Mediation and other forms of alternative dispute resolution (ADR) can be highly effective in insolvency situations, where time, cost-control and preserving asset value are often critical. These processes provide a structured but flexible forum for creditors, directors, shareholders, insolvency practitioners and other stakeholders to address issues constructively without the delay and expense of court proceedings.
ADR is particularly useful where there are disagreements about liability, valuation of assets, repayment proposals, or claims against directors. Mediation allows parties to explore commercial solutions – such as revised repayment plans, settlement of claims, or agreed approaches to asset realisation – in a confidential setting that can help maintain working relationships and protect value.
Our insolvency and commercial dispute specialists regularly support businesses, creditors and office-holders through mediation and ADR. We help you assess the options, understand likely outcomes, and choose the route that best supports your commercial objectives while keeping matters proportionate and pragmatic.
Peter Harling is a qualified mediator who is trained to help parties have an effective and constructive conversation, in order to work through their issues towards a mutually agreeable resolution.
What is a business turnaround or recovery plan?
A business turnaround or recovery plan is a practical plan designed to stabilise a struggling business and give it a chance to continue, rather than moving straight into insolvency. For example, if a business is losing money because overheads are too high and cash flow is tight, the plan might involve reducing staffing costs, renegotiating rent, agreeing payment arrangements with HMRC, or changing pricing or sales strategies to improve margins
What commercial services do you offer to support businesses facing financial difficulty?
We provide a fully joined-up commercial service that brings together expertise from across our Commercial Litigation, Corporate & Contract, Employment, and Commercial Property & Development teams. Insolvency rarely happens in isolation, and our collaborative approach ensures the wider legal and commercial issues affecting your business are addressed early and effectively.
Depending on your circumstances, we can support you with:
· Reviewing and renegotiating key commercial contracts
· Business restructuring, refinancing or reorganisation
· Employment issues such as redundancies, TUPE considerations, or director-level matters
· Property issues including lease negotiations, landlord/tenant disputes or asset sales
· Managing creditor pressure, disputed debts or recovery action
· Protecting assets and guiding you through directors’ duties when financial concerns arise
By working seamlessly across our commercial teams, we provide strategic, practical advice that reflects how your business operates day-to-day – helping you manage risk, protect value and make confident decisions at every stage.
What is the difference between a merger and an acquisition?
A merger is when two companies combine to form a new entity, whereas an acquisition is when one company takes over another, with the acquired company ceasing to exist independently
What are the key stages of an M&A transaction?
The main phases include: initial negotiation, due diligence, drafting and signing legal agreements, regulatory approvals (if applicable), and final completion.
What is due diligence and why is it important?
Due diligence involves reviewing the target company’s financial, legal, and operational information to identify risks, liabilities, or areas requiring renegotiation.
What documents are typically involved in an M&A deal?
Key documents may include a letter of intent (LOI), non-disclosure agreements (NDAs), share or asset purchase agreements (SPA/APA), disclosure letters, and ancillary documents.
How long does an M&A deal typically take?
It can vary depending on complexity but deals usually take anywhere from three to six months from initial discussions to completion.
What are warranties and indemnities in M&A transactions?
Warranties are statements of fact provided by the seller, and indemnities provide financial protection for the buyer against specific risks.
What is the purpose of the Court of Protection?
The Court of Protection is a specialist Court that makes decisions on behalf of people who lack mental capacity to make decisions for themselves about either their finances or health and welfare.
The Court has authority to make ‘one off’ decisions or may appoint a deputy should a series of decisions need to be made.
If there is disagreement about what is a person’s best interests the Court can step in to resolve disputes.
What is the difference between a deputyship and a Lasting Power of Attorney (LPA)?
If you do not have capacity to make decisions about your finances or health and welfare you will not be able to make an LPA which appoints an Attorney to deal with these matters and a deputy will need to be appointed.However, if you have a valid LPA or Enduring Power of Attorney (EPA) and the appointed Attorneys are able and willing to act in this role, and you lose capacity a deputyship may not be required. In these circumstances it is best to seek legal advice to confirm the available options
How can we ensure our commercial contracts are enforceable?
Ensure clear, written terms and mutual agreement. While oral contracts can be binding, written ones reduce risk and confusion.
What should we include in our terms and conditions to protect our business?
Include payment terms, liability limits, dispute resolution clauses, delivery details, and termination conditions.
What industries do you assist with commercial services?
We work with all businesses and have specific experience in retail, real estate, logistics, construction, and more.
Do you offer retainer options or long-term partnership?
Absolutely. We offer flexible engagement models including our LINK retainer where we can provide as much or as little assistance on your commercial agreements as required.
What are the different types of intellectual property?
There are a great number of different types of intellectual property that businesses may possess however the key types that we generally deal with include trademarks, design rights, patents and copyright.
Do all property disputes go to court?
Not necessarily. Many are resolved through mediation or negotiation, which can be quicker, less stressful and more cost-effective. We’ll explain your options and help you choose the best one for you.
What is a business dispute and how can you help?
A business dispute covers disagreements that arise from commercial activity – for example, breach of contract, unpaid debts, disputes between directors and shareholders, property disputes and those which relate to the reputation of your business. Our experienced team provides clear, practical advice and works with you to protect your business, resolve issues effectively, and minimise disruption.
Do I always need to go to court to resolve a commercial dispute?
No. Many disputes are resolved without court through negotiation, mediation, or other forms of alternative dispute resolution (ADR). We’ll guide you on the most appropriate route based on your commercial goals, risks, and likely costs, ensuring you make informed decisions. Our experienced team promote the use of ADR and includes a qualified mediator.
How long does a business dispute usually take to resolve?
Each case is different. Some disputes are resolved in a matter of weeks when both sides engage constructively. Others may take several months if court proceedings are necessary. We’ll give you a realistic timescale based on your circumstances.
What types of business disputes do you handle?
We support SMEs and larger organisations with a wide range of disputes, including contractual disagreements, professional negligence, shareholder and director disputes, debt recovery and compliance issues. Whatever the context, our focus is on achieving practical, commercially sensible outcomes.
What kind of clients do you act for?
We act for a wide range of business clients, from owner-managed companies to larger organisations operating across England and Wales. Our dispute resolution team has particular experience advising clients in sectors such as construction, manufacturing, technology, agriculture, Retail, FMGC and professional services.
Understanding the commercial realities of different industries allows us to give practical, informed advice that reflects how your business operates. Whatever your sector, our focus is on protecting your interests and achieving outcomes that support your wider commercial objectives.
Can you help with shareholder or director disputes?
Yes. Disagreements between shareholders or directors can be damaging and stressful. We help you understand your rights, options, and likely outcomes, and aim to find solutions that protect relationships and long-term value wherever possible.
What is professional negligence for a business?
Professional negligence arises when an adviser – for example an accountant, consultant, or another lawyer – fails to deliver the standard of service you reasonably expect, and this causes you loss. We can advise on whether you have a claim and pursue it as appropriate.
What should I expect in terms of costs?
We aim to be transparent and straightforward about costs from the start. After discussing your case we’ll outline likely fees, options for managing costs, and funding choices so you can plan with confidence. We aim to provide you with choice as to how you fund legal advice.
What Commercial Services do you offer?
Our dispute resolution team works closely with colleagues across our Corporate and Contract, Employment, Commercial Property and Development, and Regulatory teams to provide joined-up legal support for your business.
This collaborative approach means we don’t just respond to disputes as they arise – we help you understand and manage legal risk across your business, delivering practical advice and a seamless service that reflects your wider commercial objectives.
How does media law affect businesses and public figures?
| Business and public figures can be targeted by unwanted attention online and false statements published against them. This can cause reputational damage and financial loss |
What types of disputes fall under media and reputation law?
| Disputes such as matters concerning: defamation, malicious falsehood, harassment, misuse of private information, breach of confidence, data protection, and related claims. We advise before and after publication, with crisis management, and managing online reputation. |
When should a business consult a media lawyer?
| A business can consult a media lawyer to prepare for any risks, or when an issue arises. Should a concern arise, a business should get in contact at the earliest opportunity. |
Can businesses sue media outlets or journalists?
| Yes – awaiting more info |
What is the difference between defamation, libel, and slander?
| Defamation is publishing a false statement that harms another’s reputation. Libel and slander are two types of defamation. Libel is a written, permanent statement, and slander is a spoken, temporary statement. |
Is online content treated differently under media law?
| Online content can be disseminated rapidly which therefore increases the risk of material spreading. The law applies equally to online content. |
What is considered harassment under UK law?
| Harassment is behaviour causing another person alarm or distress and must involve a course of conduct (at least two incidents). The Protection from Harassment Act 1997 (PHA) defines harassment broadly to include behaviour that is “oppressive and unacceptable,” going beyond ordinary annoyance. |
Does harassment need to occur more than once?
| Yes. The PHA usually requires conduct on at least two occasions for it to qualify as harassment. |
What types of behaviour can amount to harassment?
| Examples include threatening messages, unwanted contact, stalking, abusive comments, monitoring, intimidation, impersonation, and gestures or non‑verbal conduct. Behaviour online is also covered. |
What are my options if I am being harassed?
| You may seek legal advice, apply for an injunction (such as a restraining order), or pursue a civil and/or criminal action under the PHA. Compensation and damages may also be available. |
Does the law protect me from online harassment?
| Yes. Online conduct, including monitoring, threatening messages, impersonation, and repeated unwanted contact, could amount to harassment. |
Is harassment also a criminal offence?
| Yes. Harassment can amount to a criminal offence under the PHA,. |
Is it important to act promptly?
| Yes. Given the nature of harassing conduct, people should act at the earliest opportunity to seek advice. |
How do I apply for a sponsorship licence?
| A sponsorship licence is permission from the Home Office to employ non-UK nationals by sponsoring them under different visa routes.
The process for getting a sponsorship licence for your business is multifaceted. Most crucially, an assessment of the eligibility of the business must be undertaken and the criteria against the job role you wish to sponsor must be checked. Certain types of documentation is required Information on job suitability can be found here: UK visa sponsorship for employers: Job suitability – GOV.UK(LINK) |
What sponsorship licence should I apply for?
| If both the business and the job are eligible for a sponsorship licence, you must then decide which type of licence you wish to apply for. This can either be a “Worker” licence or a “Temporary Worker” licence. You can apply for a licence covering both types of workers. Examples of the most common types of visas include the Skilled Worker, Senior or Specialist Worker, International Sportsperson Visa, Season Workers or Secondment Workers.
Another factor for business to consider is who will be appointed to manage the sponsor licence. The Home Office require the following roles to be allocated: Authorising officer – a senior and competent person responsible for the actions of staff and representatives who use the Sponsorship Management System (SMS). |
Why is regulatory compliance important?
| Regulatory compliance is never optional. Whether that be regulations governing health and safety in the workplace, to immigration requirements for employing non-UK workers, data protection regulations covering how companies handle information or money laundering regulations. A breach or non-compliance of any of the mentioned examples, can cause serious problems for businesses and their employees.
Breaches of Health and Safety regulations can result in a prosecution by the Health and Safety Executive (the “HSE”). This may lead to substantial fines, criminal liability for organisations and, in some cases, individual directors or managers, as well as significant reputational damage. The same is true for non-compliance with immigration rules, such as employing someone without the correct right to work documentation can result in financial penalties of up to £60,000 for each illegal worker. Similarly, breaches of UK GDPR give the Information Commissioner’s Officer (the “ICO”) the power to issue fines reaching into the millions, depending on the scale and severity of the breach. |
Who are the HSE and what enforcement powers do they have?
| The HSE are the regulator responsible for regulating health and safety law across a wide range of work activities and workplaces in the Great Britian. They have two functions which is namely:
Improving regulations on health and safety in the UK by working with the government to consolidate and review health and safety regulations. Investigations by the HSE are primarily focused on businesses or sites which are viewed to be a higher risk, this could be by virtue where: There is evidence of previous health and safety poor performance Enforcement action consequential to these investigations can be severe, ranging from fines and improvement or prohibition notices resulting in certain activities being forced to stop until sufficient improvement can be shown. Or in the most serious cases, the potential for prison sentences. |
What are the legal requirements for sponsoring a sports team?
| There aren’t any legal requirements as such but usually the sponsorship agreement between sponsor and club will involve a legal contract between both parties. This will typically set out what the sponsor will pay and what they will receive in return. |
How do contracts work for athletes and teams?
| Contracts for athletes are very similar to employment contracts which set out what the athlete and club are committing to. The way they differ is that in most sports now the sport governing body will insist on template contracts being used which they will draft. This gives the club and athlete limited scope to depart from the governing body template. |
Does sports law cover employment rights?
| Sports players and athletes are typically employees of a club and where that is the case they have employment rights just like any other employee. |
How do sports law contracts differ from regular business contracts?
| They do not differ significantly; they have specific clauses to reflect the environment in which they operate but this is no different to other specialist sectors. |
What happens if a player or coach has a contractual dispute?
| The player or coach’s club will usually have a policy for dealing with these things, typically a grievance procedure. Usually this asks the player/coach to raise their concern with their direct line manager in the first instance. The procedure will set out what the next steps are if the dispute cannot be resolved at this stage. |
Can athletes challenge disciplinary decisions such as in play warnings, yellow, red card suspensions etc.?
| Yes, most governing bodies have a review panel process where athletes can challenge such decisions. |
What is anti‑doping law?
| These are provisions administered in this country by UK Anti-Doping (UKAD). Regulations set out criteria which determine what medication/drugs athletes are allowed to take and what they are not. Performance enhancing drugs are banned and athletes who test positive to taking such drugs can be banned from their sport for life. |
What should an athlete or club do when facing a legal issue?
| Seek immediate legal advice before engaging in dialogue they might later regret. |
