There may be many instances where you may suffer personal injury in UK e.g. an accident. So, you may definitely want to pursue a compensation claim against the person who has been responsible for causing the harm. Nowadays, it has become very easy for people to contact a personal injury lawyer.
You just need to have a computer and an internet connection to come in contact with the personal injury lawyer to help you with your claim. You can use any search engine to find out numerous law firms keen to provide a free service. Make sure that you instruct an approved no win no fee lawyer.
However, are you aware of the meaning no win, no fee? Nowadays it is used often. It applies to many different business sectors. The concept of no win no fee in United Kingdom is operated by Condition Fee Agreement implementation. The CFA document sets the terms on which the personal injury lawyer agrees to deal with claim on the behalf of the injured party. It even sets the obligations of both parties which for the injured party include the necessity to give instructions clearly and to cooperate during the life of claim. You must sign one of the agreements before the personal injury solicitor will be legally able to deal on the basis of no win no fee if you want to pursue a claim for the injury damages.
The Law Society of Wales and England has devised a standard which is used by most of the lawyers. The CFA will provide a back up that the acting lawyer will not charge the injured party any cost if the case is being lost. Other bills however, need to be paid. There can also be a bad day in the court where the injured party could lose at the time of trail and be compelled to pay the defence’s cost. It is important to insure yourself against such risk. Your acting lawyer needs to clarify the need for the insurance before the claim begins.
If the claim is being won by you, then the legal fees will be paid by insurer of the losing party. The disbursement costs will be reimbursed. You will get your compensation which includes out of pocket expenditures and where the future loses. These should be paid in full.
If you lose in the case, you do not pay your lawyer in view of the legal costs that they have incurred. You have the pay the disbursement costs but these should be covered by insurance policy. If the case is brought to court, you then need to pay your against party. However, these should again be covered by insurance policy.
Most of the reputed law firms in UK make it sure that all the successful injured party gets 100% of the compensation. However, if you have a conversation with a firm that wishes to deduct a percentage from the compensation award, then it might not be the best choice for you.
Sunday, May 31, 2009
An Introduction to Background Checks
Plenty of people cross our paths every day. Some might be absolute strangers while some might be old acquaintances. It used to be difficult what they were up to during the previous years and especially during the older days it was cumbersome. This can be partly attributed to the level of technological advancements that were prevalent during those times. However, these days the whole procedure of doing background checks has been simplified thanks to the developing technology. In this article, we shall be looking into some of the commonly used methods for doing the same.
One of the trusted and known methods that are being practiced by many these days is using the power of the internet to do background checks. Using internet is a broader picture, if we marrow it down our options become practically limited to search engines as well as websites which specialize in this niche. Both of these can be resorted to if you want to do some checking on the people. In the coming passages, we shall be looking at both of them. There are many downfalls to these procedures; we shall be looking into them too.
One easy method to do a background check is to type the complete name of the person in a relevant search engine. People have their preferences in choosing the search engines, but it is better to stick to the offerings of reputed search engines. When you type the complete name, you will be presented with various links pertaining to the online activities that the person in question had resorted to. If you take a look at those activities you will be able to pin-point how safe the person is. Besides, if the person has committed any crime, then it will also be highlighted in the various news articles being listed by the search engine.
The next method is to search for the details of the person in centralized databases. Various countries are now resorting to this procedure, they will create a database of the criminals and will post all the information about the crimes they had committed. This makes the whole procedure simpler as you are able to find all the relevant details without any problems and speedily. The second factor is of much importance, as you cannot be spending the major part of the day trying to do a background check on your new friend.
While the central government maintains some of the databases, there are private websites that will be listing more criminals. The problem with free services is that the database need not be updated in a timely manner. Nevertheless, in the case of private portals, there is no such delay in the updating procedures. All the details will be updated on weekly or monthly basis. There is a downfall; most of the private portals will be charging some amounts for each search that is being done through them. However, some free private portals will help you in doing the background checks free.
One of the trusted and known methods that are being practiced by many these days is using the power of the internet to do background checks. Using internet is a broader picture, if we marrow it down our options become practically limited to search engines as well as websites which specialize in this niche. Both of these can be resorted to if you want to do some checking on the people. In the coming passages, we shall be looking at both of them. There are many downfalls to these procedures; we shall be looking into them too.
One easy method to do a background check is to type the complete name of the person in a relevant search engine. People have their preferences in choosing the search engines, but it is better to stick to the offerings of reputed search engines. When you type the complete name, you will be presented with various links pertaining to the online activities that the person in question had resorted to. If you take a look at those activities you will be able to pin-point how safe the person is. Besides, if the person has committed any crime, then it will also be highlighted in the various news articles being listed by the search engine.
The next method is to search for the details of the person in centralized databases. Various countries are now resorting to this procedure, they will create a database of the criminals and will post all the information about the crimes they had committed. This makes the whole procedure simpler as you are able to find all the relevant details without any problems and speedily. The second factor is of much importance, as you cannot be spending the major part of the day trying to do a background check on your new friend.
While the central government maintains some of the databases, there are private websites that will be listing more criminals. The problem with free services is that the database need not be updated in a timely manner. Nevertheless, in the case of private portals, there is no such delay in the updating procedures. All the details will be updated on weekly or monthly basis. There is a downfall; most of the private portals will be charging some amounts for each search that is being done through them. However, some free private portals will help you in doing the background checks free.
What Are Discretionary Trusts?
The number of different kinds of trusts available to someone who wants to protect their assets for their family can be somewhat daunting if you happen to bring up a list of them on Wikipedia or another such site. Although in many cases one type of trust is effectively almost identical to another but with subtle changes, the important line to take is that there are certain types of trust that are used with great regularity and others that are used only in irregular situations. Among these, Discretionary Trusts fall – just about – into the former category. Put simply, a discretionary trust allows the testator to set out criteria for the beneficiaries rather than naming specific beneficiaries. Although this may sound like a very roundabout way of doing things, there are very good and valid reasons why someone might decide to have a discretionary trust in place.
Reason one – for the sake of differentiating – would be if, hypothetically, the testator has a son who is a reckless spender. With the credit cards, personal loans and overdraft exhausted, the real danger for the son would be that come the time of their inheritance, the money would be subject to an attachment in case of bankruptcy. By holding this money in trust the beneficiary (or the son) would be able to get their affairs in order and then have access to the money, rather than having it instantly taken by the creditors in a bankruptcy case. This allows the testator to bestow money as a gift to their child without having to feel that it will just go directly to the courts.
Reason two is another which may arise in the case of a beneficiary in possession of a serious spending habit or, potentially, someone who is considered too young to be in a position of extreme (or comparatively extreme) wealth. Rather than have to choose – definitively or repetitively – to remove and/or reinstate their beneficiary’s status, the testator can decide to include the beneficiary in the will without naming them. From a cynical point of view this allows the testator to retain a level of control over a child who may well take their promised inheritance as a green light to behave with excessive irresponsibility. By requiring a demonstration of competency, the testator can ensure that their beneficiary earns the right to an inheritance rather than expecting it as a privilege.
As well as these examples, a discretionary trust will allow the testator to have some flexibility in case of changes in circumstances. Should, for example, a new child be born in the time between the creation of a trust and its payout, the discretions laid down may allow this child some access to part of the assets at an agreed point. As well as this, there is the case of divorce settlements. If an individual named in a trust or will goes through a divorce, it is possible that their spouse will have access to their assets. By holding the assets in a discretionary trust, there is no opportunity for the spouse to lay claim to them.
Disclaimer: This article is for informational and entertainment purposes only, and should not be construed as legal advice on any subject matter.
Reason one – for the sake of differentiating – would be if, hypothetically, the testator has a son who is a reckless spender. With the credit cards, personal loans and overdraft exhausted, the real danger for the son would be that come the time of their inheritance, the money would be subject to an attachment in case of bankruptcy. By holding this money in trust the beneficiary (or the son) would be able to get their affairs in order and then have access to the money, rather than having it instantly taken by the creditors in a bankruptcy case. This allows the testator to bestow money as a gift to their child without having to feel that it will just go directly to the courts.
Reason two is another which may arise in the case of a beneficiary in possession of a serious spending habit or, potentially, someone who is considered too young to be in a position of extreme (or comparatively extreme) wealth. Rather than have to choose – definitively or repetitively – to remove and/or reinstate their beneficiary’s status, the testator can decide to include the beneficiary in the will without naming them. From a cynical point of view this allows the testator to retain a level of control over a child who may well take their promised inheritance as a green light to behave with excessive irresponsibility. By requiring a demonstration of competency, the testator can ensure that their beneficiary earns the right to an inheritance rather than expecting it as a privilege.
As well as these examples, a discretionary trust will allow the testator to have some flexibility in case of changes in circumstances. Should, for example, a new child be born in the time between the creation of a trust and its payout, the discretions laid down may allow this child some access to part of the assets at an agreed point. As well as this, there is the case of divorce settlements. If an individual named in a trust or will goes through a divorce, it is possible that their spouse will have access to their assets. By holding the assets in a discretionary trust, there is no opportunity for the spouse to lay claim to them.
Disclaimer: This article is for informational and entertainment purposes only, and should not be construed as legal advice on any subject matter.
Granting a Power of Attorney
Many people reach a stage in their life when they or someone in the family needs help managing their property, financial affairs or personal welfare.
These can be trying times for everyone involved, as often the person who most needs the help is the one that least realises what needs to happen.
Generally, the solution is granting ‘power of attorney’ (PoA) to a friend, relative or a professional, like a solicitor.
As with all legal matters, granting someone permission to make decisions about another’s finances and welfare should not be taken lightly – and at the very least a written document allowing them to act that lays out the boundaries of their power is needed.
This document is called a ‘Lasting power of attorney’ (LPA) in England and Wales. Scotland has a similar legal framework under the Adults with Incapacity (Scotland) Act 2000.
Who can draft a lasting power of attorney document?
Either see a solicitor or go to an online legal document library like Net Lawman that has a comprehensive selection of pre-drafted power of attorney documents and detailed information about granting a PoA.
A LPA can be drawn up at any time while the person handing over authority is competent to sign one, but has no legal standing until registered with the Office of the Public Guardian.
Once registered, a LPA can be used at any time, whether the person handing over authority has the mental ability to act for himself or herself or not.
How does a power of attorney allow someone to act for me?
Lasting powers of attorney cover two areas:
• Property and Affairs – this gives power of attorney for finances and property
• Personal Welfare LPA – this allows someone to make decisions about healthcare and welfare. These decisions can only be taken when the LPA is registered and the person handing over authority is judged unable to make their own decisions.
Who should be give power of attorney?
Appointing more than one person is always a sensible option – three is good then any contentious decisions have to have a 2-1 vote and counts out a deadlock.
It goes without saying the person handing over authority should know and trust the people they appoint and that the appointees can manage their own affairs adequately if they have to manage someone else’s.
Net Lawman has all the power of attorney forms you’ll need.
These can be trying times for everyone involved, as often the person who most needs the help is the one that least realises what needs to happen.
Generally, the solution is granting ‘power of attorney’ (PoA) to a friend, relative or a professional, like a solicitor.
As with all legal matters, granting someone permission to make decisions about another’s finances and welfare should not be taken lightly – and at the very least a written document allowing them to act that lays out the boundaries of their power is needed.
This document is called a ‘Lasting power of attorney’ (LPA) in England and Wales. Scotland has a similar legal framework under the Adults with Incapacity (Scotland) Act 2000.
Who can draft a lasting power of attorney document?
Either see a solicitor or go to an online legal document library like Net Lawman that has a comprehensive selection of pre-drafted power of attorney documents and detailed information about granting a PoA.
A LPA can be drawn up at any time while the person handing over authority is competent to sign one, but has no legal standing until registered with the Office of the Public Guardian.
Once registered, a LPA can be used at any time, whether the person handing over authority has the mental ability to act for himself or herself or not.
How does a power of attorney allow someone to act for me?
Lasting powers of attorney cover two areas:
• Property and Affairs – this gives power of attorney for finances and property
• Personal Welfare LPA – this allows someone to make decisions about healthcare and welfare. These decisions can only be taken when the LPA is registered and the person handing over authority is judged unable to make their own decisions.
Who should be give power of attorney?
Appointing more than one person is always a sensible option – three is good then any contentious decisions have to have a 2-1 vote and counts out a deadlock.
It goes without saying the person handing over authority should know and trust the people they appoint and that the appointees can manage their own affairs adequately if they have to manage someone else’s.
Net Lawman has all the power of attorney forms you’ll need.
Subscribe to:
Posts (Atom)
