Rise Of The Pre-Nuptial Agreement
November 5, 2010 by Katie Clayton
Filed under Marriage
Rich husbands and wives will be able to cling onto their fortunes in the event that they divorce after a panel of the country’s most senior judges upheld the validity of pre-nuptial agreements. They have historically not been considered legal in England and Wales.
A pre-nuptial agreement is a contract entered into prior to marriage or civil union and includes provisions for the division of property and spousal support in the event of the breakup of the marriage. It can mean that a partner who has been adulterous or has failed conditions in their guardianship is awarded none of their partner’s assets or money.
This week’s Supreme Court ruling which upheld a pre-nuptial agreement between a German paper company heiress and her husband will set the bar for similar cases in the future. Katrin Radmacher’s ex-husband failed to claim a greater chunk of her 100 million fortune than the contract awarded him. Meanwhile some lawyers were anxious that the ruling would establish a “rich man’s charter” which only protected the interests of the wealthy.
It may seem like a sensible agreement to make when many marriages break down these days, but some of these ridiculous clauses could make you question the suitability of pre-nuptial agreements. In 2008 a US newspaper found clauses including a $100,000 fine if a wife’s weight went over 120 lbs during the marriage, a limit to one football game per season, and even the right to conduct regular drugs tests on a partner with financial penalties if they failed.
Celebrity pre-nuptials present us with the highest cash figures. Michael Douglas signed a contract at the time of their marriage which agreed to pay Catherine Zeta Jones $1 million for every year of their marriage in the event that they ever separated.
Legal experts now say that payouts are much less likely following the Radmacher ruling. The Law Commission is due to consider whether a change to the divorce law should be made to recognise pre-nuptial agreements in a more general way and will report on the matter in 2012.
If you need advice or representation on any aspect of family law, contact Family law solicitor Manchester and Macclesfield solicitors Hague Lambert now.
Ataxic Cerebral Palsy Lawyer
August 31, 2010 by Alfred Lancer
Filed under Loans
Ataxic cerebral palsy accounts for five to ten percent of all cases of cerebral palsy. In this form of cerebral palsy, there is damage to a part of the brain called the cerebellum that helps maintain balance and coordination. When the cerebellum is damaged, it can result in poor muscle tone or hypotonia, difficulty maintaining balance and a normal gait, tremors, disorders of depth perception and an inability to control the range and motion of voluntary movements. As a result, children with ataxic cerebral palsy often demonstrate a wide-based, unsteady gait.
They may also have intention tremors that are tremors that occur while attempting voluntary movements. Voluntary movements are typically clumsy and difficult to perform; finer movements, such as writing, are most severely affected. Coarser movements such as reaching for objects may also be difficult due to altered depth perception. Rapid, involuntary side-to-side movements of the eyeballs, or nystagmus, may also be present. Children with ataxic cerebral palsy may also suffer from several other conditions, such as seizures, mental retardation, and visual and hearing defects.
Poor muscle tone, abnormal posture or movements and a delay in achieving the normal developmental milestones of infancy may raise the suspicion of ataxic cerebral palsy. A physician makes a diagnosis of cerebral palsy by combining a careful physical examination of the patient with findings from imaging methods, such as CT scans and MRIs. These findings are collectively used to determine whether the brain is developing normally or not.
Unfortunately, there is no cure for ataxic cerebral palsy. The disease can however be treated. There are people who think that ataxic cerebral palsy was caused because of a doctor’s error. In this case, it is definitely advisable to seek the counsel of an expert cerebral palsy lawyer. The lawyer must perform an investigation to gather all the information surrounding the ataxic cerebral palsy incident to first see if a strong case exists.
Ataxic cerebral palsy tends to become progressively worse as the patient ages. An experimental treatment called chronic cerebella stimulation places electrodes on the surface of the cerebellum. It is thought that stimulation of cerebella nerves through these electrodes may improve balance and muscle tone. However, results have been mixed so far. Again, if you are confused or have questions about causes and treatments of this disease, seek legal advice.
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Difference Between Solicitors And Barristers
August 19, 2010 by Alfred Lancer
Filed under Business
Every country has its own regulation with regards to legal profession. The legal profession in England, New Zealand, Wales Australia and Canada is composed of two different groups which are the Solicitor and the Barrister.
The Solicitors are British lawyers who give legal advice and prepare legal documents and is considered Office Lawyers. Solicitors have served for two years under the management of a practicing Solicitor and meet other demands of the Law Society, which includes educational requirements, and must be admitted to practice. Several common law jurisdictions such as the United Kingdom, Ireland, Canada, Australia and New Zealand excluding US call this type of Lawyers as Solicitors. They are involved in commercial work relating to business such as dealing with commercial transactions, corporate matters, land, share, other property dealings and also litigation.
The Barristers on the other hand are the Courtroom Lawyers who speak in the higher courts of law and who are reserved by Solicitors to advocate in a legal hearing or to render a legal opinion. Barristers are the lawyers who practice out of an office and are often referred to as Chambers. They provide opinions to Solicitors on difficult points of law and appear on court. But Barristers must pass the bar final exams and be admitted to “plead at the bar”, meaning they have been called to the bar and is allowed to appear in court to argue a client’s case. It is required in England that the Barrister has to be taken on by a practicing Barrister for a one-year pupilage which is same as internship. It allows the new Barrister to observe and assist his master in the execution and learn from the experience. The Barristers are easily recognized by their robe and wig which is referred to as the working garb.
What is a Commercial Law Solicitor?
Commercial Law Solicitors are lawyers that engage and specializing in handling cases affecting different business legal issues. Questions involving Tax law, Business Law and Labor Law are some of the issues that may arise out of this daily business activity.
When a person is interested to establish a new business, a Commercial Solicitor will help in determining the validity as well as the procedures one must observe. They can execute the necessary contracts to effectively carry out the business. They can also check the company organization if it complies with the basic rules and regulations and give the list of the necessary license requirements in putting up the business.
On decisions involving business name the Commercial Law Solicitor can discuss the implication of using one’s name in the business. The benefits of having trade name or business name can also be explain by the Solicitor including the conformity requirements that must be observed.
Even in securing the business location, Commercial Solicitor could be the best person around. They can review and draft the contract involving lease agreement, sub-lease agreement or any other agreement a client may want to engage in leasing any business premises.
Information with regard to financial matters like obtaining a bank loan, a mortgage loan or transaction to another company can be explained by the Commercial Law Solicitors. They will help the client to understand the benefits and the legal issue that may arise out of these transactions.
With respect to taxes, Commercial Solicitors will give advice on how to keep taxes to a minimum level. An advice on the insurance requirement to protect the business including the employees may also be explained by the Commercial Solicitor.
Legal obligations in giving products and services are also important matter that Commercial Solicitor can counsel a businessman on the right procedure to observe in compliance with the existing rules and regulations.
On dispute arising from employee-employer relationship the solicitor can also check all the validity of the claims arising from illegal dismissal or any other claims involving work-related problems. Generally a Commercial Law Solicitor acts for business of all trades and sizes.
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Methods To Find An Employment Law Solicitor In Liverpool
June 30, 2010 by Alison Beech
Filed under Business
Being able to hire someone to help you out with your employment law problems is very important. However, you could just as easily run into the problem of not knowing how do you find an employment law solicitor in Liverpool? Here are some tips that will allow you to find the best match for your needs.
Before you hire a solicitor or employment law lawyer you will want to take the following into consideration the costs that will be incurred versus the possible reward that you’re going to experience.
One good tip to help you find an employment law solicitor is by browsing through the search results that you get from internet search engines. These search results need to be specific to your needs because you could find one that could work for you, only to find out they are based in London, not Liverpool or Merseyside. However, search engines can help you find a suitable employment law solicitor that can handle your case for.
You can also look at the various law offices in Liverpool and the Merseyside area that you walk by. Stopping at the various offices that you go past can be a great way to find a suitable employment law solicitor. You might find that you will need to stop by a several offices, but it could pay off for you in the long run of being able to get a solicitor that can help you with your needs.
Something else that can help you out will be to look in the local phone book. The phone book is a great resource to use and you can look specifically under solicitors. Then when you contact them you know they can help you out.
When you need help understanding the intricacies of UK employment law you know that it can sometimes be hard to get the correct legal help. However, the tips above may help you to find an employment law solicitor in Liverpool much more quickly and easily. Then you can make sure that you are getting the best possible employment law advice that you could wish for.
For the best UK employment law advice, you should retain the best lawyers. Employment law solicitors represent your interest in legal and court cases and proceedings.
First Offers In Personal Injury Claims
June 18, 2010 by Jessica O'Neal
Filed under Finance
If you have suffered an accident in the car, at work or in a public place it can often be a distressing and confusing time and if you are pursuing a claim for compensation you may be concerned that you may not receive any compensation.
This concern leads to many people thinking they should take the first offer they are made by either their insurer or the other party involved, as then at least they are guaranteed some financial award and won’t have to go through the sometimes lengthy claims procedure.
This thinking is also being manipulated by employers, defending solicitors and others at fault, who will take advantage of this fear, and often use pressure tactics to persuade potential claimants to take a ‘payoff’ in order to get the claim resolved more quickly, and without them having to pay out what the claimant really deserves.
In nearly all cases the first offer is less than the true claim value, and in some cases the deficit has been more than a thousand percent. If an injured party has suffered a reduction in quality of life and loss of past and future earning then a difference of this magnitude would make a difference between them having a more comfortable life and them struggling with their injury.
It can be frustrating waiting for your claim to be resolved, but be assured that your personal injury solicitor is an expert and if they feel the claim is worth pursuing further then they are usually correct. If you take the first offer against their advice, then you are really accepting less than you are entitled to and are often not getting the apology you deserve too.
On the whole, if someone wasn’t protected by their employer, was the victim of a reckless driver or suffered because of someone else’s lack of duty of care, then they are entitled to receive compensation and an apology and by carrying out a claim to its full resolution this is usually achieved.
If you think you may be entitled to make a personal injury or industrial accident claim then a specialist no win no fee solcitor will guide you throught the process.



