Caven blog


Will a previous case be binding on me?

Legal precedent is a legal principle that means the previous judgements made by courts are binding on subsequent cases. It is an important part of the development of the common law within the UK. A solicitor can explain how this area of civil law and criminal law could impact on any case you are involved with. (more…)

When can you sue someone for defamation?

Defamation occurs when a person’s reputation has been threatened or damaged because an untrue statement about them has been communicated to a third party. The statement must be capable of lowering the person concerned in the estimation of ‘right thinking people’. An insult is not sufficient to be classed as defamation.

A person can be sued for two types of defamation: libel and slander. (more…)

What rights do I have against creditors harassing me?

The Office of Fair Trading (OFT) issue Consumer Credit Licences to businesses that lend money to consumers. This is in accordance with civil law. The OFT also issues guidelines on fair and unfair practices, including guidelines for debt collection. If a business is found by the OFT to be using unfair practices in debt collection, they can lose their Consumer Credit Licence.

A complainant should take the advice of a solicitor before making a formal complaint about the practices of a company when collecting its debts. (more…)

What laws protect me from repossession?

The recent economic downturn has led an increase in the number of people unable to maintain their mortgage repayments on their homes. This has led to an increase in the number of home repossessions. Lenders have the right to repossess a home if you have defaulted on your mortgage repayments. (more…)

What laws govern asylum seekers?

The term ‘asylum seeker’ applies to person who has applied for refugee status with the UK Border Agency (UKBA) and is awaiting their decision. Solicitors should be appointed to manage the application being made to the UKBA. A person will be granted refugee status if the definition in the 1951 UN Convention Relating to the Status of Refugees (UN Convention) applies to their situation.

The UN Convention defines a refugee as a person who has left their country and has a reason to fear persecution in their country because of their race, religion, nationality, or member of a particular social group or political opinion. (more…)

What is the hierarchy of the UK Court system?

The hierarchy of the court system has been established so that the majority of cases are heard in the lower courts, with only appeals on important points of law and public interest being heard in the higher courts. Legal advice should be obtained to ensure the right court hears any given case. (more…)

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