Areas of law we like to cover

David T. Wade – Student at Law covers the following areas depending on depth and involvement:

We can provide you our dedicated time to help you with your contractual concerns.

Contract law is a complex but a defined area of law. Areas for consideration in contract law include: The formation of a contract: offer, acceptance, consideration and intention to be legal bound. The capacity of people to form contracts. The contents of a contract: its terms (implied terms by statutory provisions such as the Consumer Rights Act 2015 and / or its expressed terms), exclusions and privity. Vitiating factors like: misrepresentation, mistake, duress, illegality. Discharging of a contract: performance, breach, frustration, and the remedies available: damages, performance, injunctions.

The small claims court is often an area we see people attempting to enforce their contracts against the other party. Not always do the party’s streamline from creation to conclusion of a contract for various reasons. But whether you are pursing or defending an action we can dedicated our time to helping you in this field of contract law.

Should you have any contract matters then please feel free to contact us and arrange a free consultation, we can then see if we are able to help.

If you are a consumer we can provide our dedicated time to help you with your consumer credit matters.

Consumer credit law is the one of the most complex pieces of legislation and Lord Justice Clarke in McGinn v Grangewood Securities Ltd [2002] said: “[s]implififcation of a part of the law which is intended to protect consumers is surely long overdue so as to make it comprehensible to layman and lawyer alike. At present, it is certainly not comprehensible …”

Whilst since 2002 there has been at least three amendments in the area of consumer credit law: The Consumer Credit Act 2006, amending the Consumer Credit Act 1974 is one and another is the Consumer Credit (Agreement) Regulations 1983, SI 1983/1553.

Should you have any divorce matters then please feel free to contact us and arrange a free consultation, we can then see if we are able to help.

Whether you are the husband or the wife we can provide to you our dedicated time to help you with your divorce concerns.

Each divorce has its own problems. But in order to proceed to obtaining one it has to be shown that the marriage has broken down irretrievably” which can be shown by showing either of the following: 1) one has committed adultery and the other finds it intolerable to live with them; 2) One has behaved in such a way that the other cannot reasonably be expected to live with them; 3) One has been deserted for a continuous period of at least two years; 4) Both have lived apart for a continuous period of at least two years and both side consents to a decree being granted or 5) Both have lived apart for a continuous period of at least five years. This is set out under section 2(a)-(e) of the Matrimonial Causes Act 1973.

As well with the formal process of the divorce in obtaining a decree absolute a party may make an application for financial redress from the other. This is usually known as the argument over the martial assets. This area can be straight forward or can be very complex, depending on the circumstances, facts, assets concerned and what each party is trying to obtain.

Whether you are the employee or employer we can provide to you our dedicated time to help you with your employment matters.

Employment law is vast, covering a whole string of situations. But one popular area is the allegation of an unfair dismissal where an employee has the right not to be unfairly dismissed by his or her employer, under section 94 of the Employment Rights Act 1996.

Only employees are able to bring an unfair dismissal claim and to bring such a claim the employee has to overcome certain hurdles. The most important is that the employee has been employed for at least two continuous years.

A claim for unfair dismissal must be brought within three months of the effective date of termination. ACAS are a body which will try to mediate between both sides following the conclusion of the employers in house policy and if after that time with ACAS nothing has been resolved then an employee can continue through to the employment tribunal by submitting a ET1. The time spent during the period with ACAS is not included into the three-month time period, and the clock will continue where it was once before the mediation with ACAS.

The remedies for unfair dismissal are set out under sections 112 – 124 of the Employment Rights Act 1996. The onus however is on the employer to show that the reason for the dismissal was reasonable and the Tribunal will look at: 1) What the reason for dismissal was, 2) Whether it was the actual reason why the decision to dismiss was taken; and, 3) Whether it was a fair reason. Potentially fair reasons are set out under section 98 of the Employment Rights Act 1996.

Should you have any employment matters then please feel free to contact us and arrange a free consultation, we can then see if we are able to help.

Firearms Licensing

We can provide you our dedicated time to help you with your firearms licensing concerns. Our main area of help usually covers appeals against being refused or having a firearm or shotgun certificate or revoked.

Firearm licensing is a bit of a unique area of law, but having a firearms or shotgun certificate revoked or refused can be disappointing to the person it has happened to. Not pretending that this area can be a very complex area of law, it interests us and we can be of a great help with any appeal against a refusal, or revocation of a firearm or shotgun certificate to a lay person.

The right to have a firearm or a shotgun is not a right, but a privilege and the Police are entitled to refuse to grant or renew or to revoke your certificates where circumstances set out under the sections 30A, 30B, 30C of the Firearm Act 1968 are considered to be met.

If you wish to appeal against the Polices decision to revoke, grant or renew a firearms or shotgun certificate you are able to do so under section 44 of the Firearms Act 1968 which provides this right to appeal.

The appeal is to the Crown Court where it will be heard by a judge or a recorder, sitting with two magistrates, exercising an administrative function left over from the Quarter Sessions. The Crown court in this instance is not operating as a Crown court with a jury and accused. The matter is dealt in a civil context.

When you notify the Police of your intention to appeal, they should provide you with the evidence they have and as to why they have made the decision they have.

Should you have any firearms licensing matters then please feel free to contact us and arrange a free consultation, we can then see if we are able to help.

Taxi Licensing:

We can provide you our dedicated time to help you with your taxi licensing concerns. Our main area has been focused upon the ‘Private Hire Industry’ on the grant, refusal, suspension or revocation of a private hire driver’s license and the appeals where a private hire driver’s license has not been granted or has been suspended, or revoked by the local Council.

Any applicant for a private hire driver’s license needs to demonstrate to the Council that they are a “fit and proper person to hold a driver license” as set out within section 51 of the Local Government (Miscellaneous Provisions) Act 1976. You will be granted a license where the local Council considers you to be a fit and proper person. The Councils point in looking at applicants as to whether they are fit and proper, is that the travelling publics safely is paramount and they are there to protect the public.

If you have received a refusal to be granted a private hire taxi drivers license you are able to appeal the Councils decision under section 52 of the Local Government (Miscellaneous Provisions) Act 1976 to the Magistrate’s court. However, any appeal for a suspension or revocation is also to the Magistrate’s court but under section 61(3) of the Local Government (Miscellaneous Provisions) Act 1976.

Should you have any taxi licensing matters then please contact us and arrange a free consultation, we can then see if we are able to help.

Whether you are a landlord or a tenant we can provide you our dedicated time to help you with your landlord and tenant concerns. We our happy to look at an extensive range of concerns and disputes within this field but are not keen on agricultural disputes.

Our most popular area is ‘shorthold tenancy agreements’ under the Housing Act 1988 consisting of landlords wishing to evict tenants using the section 21 or section 8 procedure of the Housing Act 1988.

Using section 21, a landlord must serve notice giving the tenant at least two month notice of the landlord’s intention in wanting to require possession of the property before going to court. Section 8 notices are for breaches of a tenancy contain under Schedule 2 of the Housing Act 1988 with our most common area for rent arrears.

For tenants the vast is getting their landlords to comply with their repair obligations, getting tenant’s deposits returned and compensation for a landlord’s failure to protect a tenant’s deposit under section 214 of the Housing Act 2004 and as amended.

Another popular area is business tenancies between landlords and tenants, mainly were a landlord does not wish to renew a business tenancy under the Landlord and Tenant Act 1954. In this instance the tenant has the right, so long as the tenant is protected by the 1954 Act to request a new tenancy.

The usual method for a landlord to terminate a tenancy protected by the 1954 Act is to provide, in prescribed form, notice under section 25 of the 1954 Act. Where a landlord has not taken any steps to terminate the tenancy, the tenant can provide notice, in prescribed form, if the circumstances are considered right to do so under section 26 of the 1954 Act.

After which the tenant can make an application to the County Court for a new business tenancy. This must be done before the end date of the tenancy, otherwise the tenant will lose his protection under the Act.

Should you have any landlord and tenant matters then please feel free to contact us and arrange a free consultation, we can then see if we are able to help.

We do not help with personal injury claims following any road traffic accident!

However, we do like to dedicate our time to those facing minor motoring offences, with our most popular area being, speeding.

Speeding covers an array of situations depending on where you were alleged to have been speeding. Speeding on a motorway is different to exceeding a 30mph speed limit. The fine and penalty are dependable upon how much more you where speeding contrary to the speed limit. For example, Section 81(1) provides the offence for exceeding 30mph along with section 89(1) of the Road Traffic Regulation Act 1984 and Schedule 2 of the Road Traffic Offenders Act 1988.

Speeding is a strict liability offence, meaning that even if you did not mean to speed you are still guilty at law of the offence. But evidence of your non-intention may be used towards any mitigation. However, it is important before any prosecution is brought for the police to establish you where the driver at the time of the offence. Inadvertently you will receive a request for information as to the ID of the driver.

If you fail to comply with this request, you will commit the offence of; failing to give information as to the ID of the driver, under section 172 of the Road Traffic Act 1984, which carries with it 6 penalty point and a fine. There is a defence to this under the section 172(4) where you did not know and could not with reasonable diligence have ascertained who the driver of the vehicle was.

Once the police have established you where the driver and the road is a restricted road with the speed limit, it then needs to be proved beyond all reasonable doubt that you where exceeding the speed limit. This is usually done via one of three ways: 1) opinion based on the naked eye, provided there is some corroboration from a second witness or machine i.e. speedometer; or, 2) Hand-held detector or portable device that is properly calibrate, operated in accordance to the instructions and approved by the Secretary of state; or, 3) A permanent camera, properly calibrated, approved by the Secretary of state functioning correctly.

Should you have any road traffic matters then please feel free to contact us and arrange a free consultation, we can then see if we are able to help.

How can we help you?

A court appearance? A legal dilemma? A contractual predicament? These are just a few legal dilemmas we can offer assistance with.

David – availed me of his services – myself V the Crown, I came out of the case with the most satisfactory result. He was attentive, polite and extremely professional throughout all aspects of the case.

Dr Donald F Hooker

Need a legal hand? We’re here to help.

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