Security for Costs
If you successfully defend civil court proceedings brought against you (the Defendant), you can usually expect an order from the court that the party bringing the claim (the Claimant) pay the reasonable legal costs you have incurred. However, if the Claimant cannot afford to pay the costs ordered, you can be left out of pocket.
Our Tip is:- If during the course of defending civil proceedings, you consider that the Claimant will not be able to pay your legal costs if later ordered to do so, you should seriously consider an application for security for costs.
An order for security for costs requires a Claimant to pay money into court as security for the Defendant’s costs, to ensure that the Defendant has their costs paid should the claim be unsuccessful. If the court imposes a payment but the Claimant cannot afford to pay it, it will be prevented from pursuing the case any further.
If you would like more information on security for costs please contact our litigation team on 0845 0738 445 or email email@example.com
Latest MLP Law News
- February 16th, 2015Do house husbands get a raw deal on divorce?
Our head of family law, Theo Hoppen, asks: Do house husbands get a raw deal on divorce? Based on a recent family court decision, I would say “yes”. The court awarded Rupert Nightingale, a house husband and freelance photographer, a lump sum of £300,000 along with maintenance of £50,000 a year as part of his divorce settlement from his ex-wife. Mr Nightingale gave up his job 11 years ago to provide stability for the family and support his wife in her chosen career. He is also the main carer of their daughter who is at primary school. His ex-wife, Kirsten Turner, earns £420,000 a year as a partner at PWC accountants. The maintenance that the court ordered amounts to only 12% of her income and she can still afford to buy a £1.3 million property post-separation. The court ruled that Mr Nightingale in fact had ... Read More »
- February 13th, 2015What should SMEs expect from party manifestos?
It’s often said that small and medium sized enterprises are the engine room of the economy; for the UK to thrive, SMEs need to thrive. With the UK general election in sight it’s important for small and medium sized businesses, as well as entrepreneurs, to pay particular attention to upcoming party manifestos and what they will mean for SMEs. Although it’s difficult to know what they will say we can make some predictions to what they might include. At the start of 2014 there were an estimated 5.2 million businesses in the UK and small and medium sized companies accounted for 60% of this number. With more than half the business sector being taken up by SMEs the new party manifestos cannot fail to offer some significant pledges to help these all important enterprises. In this election year, the economic recovery is ... Read More »
- February 11th, 2015We’ve Been Nominated For Best Legal Firm Of The Year at the City of Manchester Business Awards 2015
We are extremely proud to announce that we have been shortlisted for Best Legal Firm of the Year in the upcoming City of Manchester Business Awards. Now in its fifth year, the annual awards ceremony celebrates the best of Manchester business. The event, which is hosted by Downtown in Business, will take place at Manchester Cathedral on Thursday 26th March. We are thrilled that our commitment to provide sound legal advice and an excellent service to our clients is being recognised. Just being nominated for such a prestigious award is fantastic and means a lot to everyone here at MLP Law. Having said this, we’d be lying if we said we wouldn’t like to win! We do have some tough competition to face though, as we’re up against the likes of Berg Solicitors, Freeths Solicitors, Gorvins Solicitors, JMW Solicitors and Shoosmiths. We value ... Read More »
- February 10th, 20154 Things Every Employer Should Know About LinkedIn
4 Things Every Employer Should Know About LinkedIn Use of the business social media tool LinkedIn is widespread, with an estimated 200 million users worldwide, with around 11 million in the UK alone. Many employers encourage the use of LinkedIn by their employees, having recognised the benefits it brings when trying to promote a business. However, what many employers are beginning to realise more and more is that LinkedIn is perhaps even more effective as a promoter of individuals. With this, come significant new risks for any employer, particular when their LinkedIn using employees leave. To help you understand the risks, we’ve put together a handy list of the key things you need to know about your employees using LinkedIn. Who owns the account? LinkedIn’s own membership terms state that the individual owns the account and that users must not let any third party use ... Read More »
- February 6th, 2015Changes to Rules on Company Names
On the 31 January 2015 new regulations came into force which simplify the rules relating to company names, it is intended that this will reduce the unnecessary regulatory burden on companies. Previously the Government had placed restrictions on certain words and characters that could be used, such as “group”, “holding”, “international” and “United Kingdom”. In addition the restrictions on accents, diacritical marks and ligatures have been reviewed. Now, should you wish for your company to use these words or characters in its name, approval is no longer needed. The new regulations also mean that fewer words are now disregarded for the purposes of deciding whether one name is the ‘same as’ another on the register including, but not limited to, “exports”, “group”, and “services”. This is designed to allow more choice for companies and to make name swaps within groups of ... Read More »
- January 30th, 2015What is a Power of Attorney?
There are different types of Powers of Attorney. Prior to 1 October 2007 Powers of Attorney were known as Enduring Powers of Attorney (EPA) and this document authorised an individual(s) to manage a person’s property and finances on their behalf. The EPA was replaced by Lasting Powers of attorney (LPA) on 1st October 2007. Whilst no new EPAs can be drawn up, EPAs signed before 1st October 2007 are still valid. If you are an attorney under an EPA then you may be using that EPA to manage a persons finances. One thing you should know about EPAs is that if you are acting under an EPA, and that person loses mental capacity, then it is your duty as an attorney to notify the Court of Protection. It is extremely important that you do this. LPAs are the new Powers of Attorney ... Read More »
- January 29th, 2015#BeatStephen: I’m Still Going!
It’s been a long and stressful week, and I must admit that keeping up with my training has been a bit of a struggle. I’ve been extremely busy at work and this has had an adverse effect on my motivation – the cold weather, feeling tired and working late isn’t conducive to early 6am starts. After such a demanding week, however, I feel more determined to get back into the full swing of the training programme. A good 10 mile run at the weekend with some friends helped me to get back on track. As I type this, I’m due another 5.45am start in the morning for a four and a half mile ‘comfortable’ paced run – although, I’m not so sure about the ‘comfortable’ part! I definitely feel like I’m improving slowly, so this certainly helps to keep me going. I ... Read More »
- January 16th, 2015Contract Negotiations – Top 8 Pitfalls to Avoid
Who is negotiating for the other party? Does the person representing the other party have the authority to negotiate and enter in to contracts on behalf of the other party? If not the other party may not be bound by them. Should negotiations be kept confidential? If negotiations should be kept confidential, ensure that a confidentiality agreement is signed before starting negotiations. A confidentiality agreement (also known as a non-disclosure agreement or NDA) should be signed before giving away any business sensitive information. The agreement should stipulate that information disclosed during negotiations: is confidential; should only be used for a stated purpose; should not be shown to anyone else; should be returned or destroyed if the deal does not go ahead. Is the company sharing business sensitive information? Take legal advice before handing over any business sensitive information. It can be unlawful to hand over certain types ... Read More »
- January 9th, 2015#BeatStephen: Training Is Well Underway
The festive period is now over and this is where my training begins to get serious. As each week of training becomes more crucial, I can feel my initial enthusiasm wavering slightly and I know that it’s all about to get very testing! On the morning of Monday, 5 January 2015, I completed 4.5 miles at slightly over nine minutes per mile. It was a particularly hard session after a long(ish) run on Sunday. This is what leads me to believe that the next two to three weeks will be where I really need to push myself to ensure I continue to improve. In order to track my progress, I’m using the MyAsics app and it has updated my pace and predicted time – it’s knocked off 30 minutes and is now predicting that I should complete the marathon in four hours ... Read More »
- January 8th, 2015Would you turn down a divorce settlement of $1 billion?
Well, this is exactly what the ex-wife of US oil baron Harold Hamm did when her ex-husband presented her with a handwritten cheque for $974,790,317.77 (£644 million). You can see below that the figure is so large it barely fits on the cheque. The Oklahoma court had ordered that Mr Hamm pay his ex-wife this amount as a divorce settlement. He had moved enough money into a single account so that offer was available to cash immediately. However, Ms Arnall declined the offer as accepting the payment could harm her appeal against the judge’s ruling. She contends that she should receive more as Mr Hamm’s $18 billion fortune was built up over 26 years by the couple’s joint efforts. MLP’s head of family law and personal dispute resolution, Theo Hoppen, said: “This case has obviously received a lot of coverage because of the enormous ... Read More »
- December 24th, 2014#BeatStephen: And So The Marathon Training Begins
As we near the finish line of 2014, the first stage of my journey to reach the finish line of the ASICS Greater Manchester Marathon 2015 is just beginning. I’ve now started my training regime for the run and, as people start to think about their new year’s resolutions, my goal will be to build up my stamina before the big event itself on Saturday, 19 April 2015. It’s going to require a lot of hard work and perseverance over the next few months but I must admit I’m genuinely looking forward to the challenge of testing myself to the limit. This year’s marathon will feature the MLP Law Corporate Challenge, which enables businesses to get involved as a corporate team. Employees can take part individually or in teams of two or four to represent their company. This is a ... Read More »
- December 22nd, 2014Top 10 Tips to minimising the risk of litigation to your business….
Business disputes that escalate into litigation and Court appearances are often risky, expensive, stressful and time consuming. Crucially, they distract you and your team from valuable time focusing on making your business a success. As such, litigation should be a last resort. However, by adopting new practices and procedures you can reduce the risk of your business being sued or having to sue. They can also put your business in a stronger position should litigation prove unavoidable. In this blog we set out our top 10 tips to minimise litigation risk to your business. Put everything in writing All valuable arrangements and relationships that your business has with customers, employees and suppliers should be recorded in writing. These agreements should clearly reflect in plain English the terms upon which you conduct business. They must be brought to the attention of the other party and ... Read More »
- December 15th, 2014Getting Your Dental Associate Contracts Right
There are a number of key areas that need to be considered when preparing a contract between a principal and an associate dentist. Stephen Attree, the managing director of MLP Law, shares his expertise on the issues involved in his latest e-book, Getting Your Dental Associate Contracts Right. Most dentists operate as associates by renting out an already established and fully equipped surgery. They will then pay a percentage of their fee income to the owner of the surgery – the principal. This arrangement is usually formalised through an associate agreement, and a well drafted agreement will protect the interests of both the associate and the principal. To download the e-book for free, please enter your email address into the form below. Google+
- December 12th, 2014From Rags To Riches
A former hippy-turned-windfarm entrepreneur is being challenged in the courts by his ex-wife. Kathleen Wyatt is seeking a substantial payment from her ex-husband Dale Vince, some 22 years after they divorced. Wyatt claims her ex-husband left her destitute while his business grew to be worth an estimated £107m. The couple married in 1981 when they were New Age travellers and penniless – and divorced in 1992. In 1995, Vince founded Ecotricity, which is now one of the UK’s biggest green energy companies. Today, Vince lives in a £3m 18th century house called Rodborough Fort near Stroud, Gloucestershire and owns a football club. By contrast, his ex-wife says she is so poor that she has been travelling to court by bus and sleeping in a bus station. The Supreme Court, the UK’s highest court, is hearing the case. Theo Hoppen, MLP Law’s head of family law and ... Read More »
- December 4th, 2014It’s Christmas party season…
It’s that time of year again! Everyone is getting into the Christmas spirit and that long awaited office party is just around the corner – so how do you make sure it all goes off without a hitch? Understandably as an employer, you don’t want to risk being seen as the archetypal Scrooge by talking about disciplinary issues before anyone has even had as much as a mince pie. However, it is becoming increasingly important for employers to take steps to minimise the risk of a nasty New Year hangover in the form of an Employment Tribunal claim. Harassment and discrimination Most employers are aware that they can be held responsible for the conduct of their employees whilst they’re working for them. But most may not release that this can extend to a work party, even if this takes place aware from work. This ... Read More »
- December 1st, 2014Succession and Planning In Family Businesses
Succession and Planning in Family Businesses Stephen Attree, the managing director of MLP Law, has published an e-book on family business succession and planning. The book, entitled Succession and Planning in Family Businesses: The Options and Pitfalls, discusses the choices available to family business owners so that they can make more informed decisions about their business succession plans. By understanding the options and potential pitfalls, the transition plan is more likely to succeed. Stephen Attree is an accredited family business adviser and has many years of experience acting for owner-managed and family-run businesses. The e-book retails on Amazon at £8.20. To download it for free, please enter your email address into the form below. Google+
- November 26th, 2014Employing staff for the first time – what do I need to do?
Deciding to take on employees for the first time is a huge milestone for any business. Before taking this step it is important to make sure you are fully prepared. This will involve considering the following key issues: Recruit fairly: Discrimination law applies to potential and actual job applicants as well as to employees. Your recruitment processes therefore must not discriminate against anyone on the grounds of a “protected characteristic”, which includes sex, race, age and disability. This means that any vacancy advertisements or job descriptions must not discriminate against any particular group of people and your process of selecting one candidate over another must also not be discriminatory. This can be tricky where an aspect of the role appears to apply equally to everyone but has a disproportionate effect on certain groups of people (known as indirect discrimination). Employee rights: Employees acquire a number ... Read More »
- November 25th, 2014Cash is King
All businesses experience good and bad times. A healthy cash flow is the key to a successful business. The late payment, or non-payment, of invoices can have a serious affect on the cash flow. When cash flow slows, businesses can fail. In the current economic climate, cash really is king! We have a 25 year track record of successfully recovering debts no matter how big or small.Why? Because we are experts in debt recovery who really care. Debt recovery on your own can waste valuable time and resources. It can also be very worrying and stressful when you are repeatedly fobbed off by unreasonable customers. We take that stress and hassle away by offering a fixed fee debt recovery service. We also add value by advising you on how to try to lower your debts in future by introducing steps to make your cash collection ... Read More »
- November 4th, 2014Divorce – Frequently asked questions
As part of a series of weekly blogs our head of family law, Theo Hoppen, offers guidance on some frequently asked questions concerning divorce: 1.How much will it cost? In total about £1,230. This figure includes legal fees of £650 plus VAT and court fees of £455. If there are any issues regarding the finances or children then the costs are likely to be more. 2.How long will my divorce take? Usually about four to six months, however, if there are issues involving the finances or children it can often take between 6 to 12 months. 3.Where will the children live? Separating couples are usually able to agree with whom the children will live and how much time they will spend with the other parent. If parents are not able to agree then the court can assist and can make a child arrangements order which sets out with ... Read More »
- November 4th, 2014EAT decision on holiday pay and overtime- what it means in practice…
The news channels and social media sites are saturated with the Employment Appeal Tribunal’s (EAT) decision that overtime should be taken into account when holiday pay is calculated. Once we get past the headlines (and people like me have now read the judgment), what does this ruling mean for businesses in practice? The following points of the decision are crucial in its practical application: that the ruling relates to “non-guaranteed overtime” as opposed to voluntary overtime. “Non- guaranteed overtime” means overtime which the employer is not obliged to offer but that the employee is contractually obliged to do if offered; the requirement to include overtime only applies to the first 4 weeks (including bank holidays) of holiday taken in each holiday year. The remaining 1.6 weeks’ holiday (as required by UK law) or any additional contractual holiday can be based on normal remuneration excluding ... Read More »
- October 31st, 2014Can civil partners enter into a same sex marriage?
Now that same-sex couples can legally enter into a civil marriage, what do those with a civil partnership do? Well it’s good news. As of 10 December 2014, civil partnerships can be converted to a civil marriage at registry offices without the need for complicated formalities. Although there has been some confusion as to how this conversion is to happen, the Government Equalities Offices has now confirmed that a full, backdated marriage certificate will be issued to couples – not a ‘certificate of conversion’ as previously speculated. The marriage certificate will show the ‘when married’ date as the date the original civil partnership was formed and the date when the conversion took place. This is to minimise any confusion that may arise due to the ‘when married’ date being earlier than the date it became legal for same sex couples to marry. If ... Read More »