Articles

What to do if you receive a County Court claim form

A claim form means someone has started court proceedings against you, usually for money. If you do nothing, the claimant can ask the court for judgment without a hearing.

Read the response pack

The claim form comes with a response pack explaining your options: admitting the claim (in full or in part), defending it, or filing an acknowledgment of service if you need more time to prepare a defence.

Watch the deadline

You normally have 14 days from service of the particulars of claim to respond. Filing an acknowledgment of service within that time gives you 28 days in total to file a defence. If you miss the deadline, the claimant can apply for a default judgment — a County Court Judgment that can then be enforced.

What to check

• who the claimant is and whether you actually had an agreement with them,
• whether the amount matches your records and whether the debt has already been paid,
• whether the claim may be out of time,
• what evidence you have to support your position.

A defence should set out your full version of events. It is worth preparing it carefully rather than on the last day.

This article is general information only. It is not legal advice on any particular matter.

Inheritance Act claims — who can make one

In England and Wales you are generally free to leave your estate to whoever you choose. The Inheritance (Provision for Family and Dependants) Act 1975 allows certain people to ask the court for reasonable financial provision if a will, or the intestacy rules, leave them without it.

Who can apply

• a spouse or civil partner of the person who has died,
• a former spouse or civil partner who has not formed a new marriage or civil partnership,
• someone who lived with the deceased as a couple for at least two years immediately before the death,
• a child of the deceased, or someone treated as a child of the family,
• anyone who was being maintained by the deceased immediately before the death.

What the court looks at

The court considers, among other things, the financial needs and resources of the applicant and of the beneficiaries, the size of the estate, and any obligations the deceased had towards the applicant. For a surviving spouse or civil partner, the test is broader than for other applicants.

The time limit

A claim should be made within six months of the grant of representation. The court can allow a later claim, but only with its permission, so it is best not to wait.

This article is general information only. It is not legal advice on any particular matter.

Unfair dismissal — the first steps

If you believe you were dismissed without a fair reason or a fair procedure, you may be able to bring a claim in the employment tribunal. The most important thing is time.

Early conciliation comes first

Before you can make a tribunal claim, you normally have to notify Acas and go through early conciliation. Contacting Acas pauses the clock on the tribunal deadline while conciliation takes place.

Strict deadlines

Tribunal time limits are short and run from the date your employment ended. They are applied strictly, so take advice as soon as you can after a dismissal rather than waiting for an internal appeal to finish.

What to gather

• your contract of employment and any staff handbook,
• the dismissal letter and any letters inviting you to meetings,
• notes of disciplinary or grievance meetings,
• payslips and emails or messages relevant to the dismissal.

What a tribunal can order

Depending on the case — reinstatement, re-engagement, or compensation.

This article is general information only. It is not legal advice on any particular matter.

Divorce — where to start

In England and Wales, divorce no longer involves blaming either spouse. One of you, or both together, applies to the court stating that the marriage has broken down irretrievably.

How the process works

Most applications are made online. After the application is issued there is a waiting period before you can apply for a conditional order, and a further period before the final order, which formally ends the marriage.

Money and children are dealt with separately

• the divorce itself does not settle your finances — that needs a financial order, which can be made by consent,
• arrangements for children are best agreed between parents; if that isn’t possible, the court can decide,
• before applying to court about finances or children, you will usually need to attend a mediation information and assessment meeting (MIAM).

It is worth getting advice on finances before applying for the final order, as it can affect your position.

What to have ready

Your marriage certificate, details of your spouse, and an overview of your income, outgoings and the family’s assets.

This article is general information only. It is not legal advice on any particular matter.