Website Legal Package – 5 Essential Documents for Your Website

We at The Legal Stop are constantly coming up with innovative solutions to help you save money and keep your business legal.

The Website Legal Package offers a clever way for online businesses to comply with the many legal requirements faced when selling online. If you are selling goods and/or services online there are several laws and regulations that you must comply with; for example, the Data Protection Act 1998 requires all organisations that, directly or indirectly, collect information about people to have a privacy policy in place ensuring that organisations collect information about people fairly and transparently.

With The Website Legal Package all the required legal documents for your online business are drafted by a UK lawyer specifically for you. At an affordable one- off fixed fee of only £350 (NO HIDDEN EXTRAS) one of our lawyers will draft all the documents you require for your online business. Every document is bespoke, drafted specifically for your website to meet your particular needs.

The package includes 5 ESSENTIAL DOCUMENTS for your online business:

  1. Terms and Conditions
  2. Privacy Policy
  3. Cookies Policy
  4. Acceptable Use Policy, and
  5. Website Terms of Use

If you want to know more get in touch with us at info@thelegalstop.co.uk

 

SALE OF GOODS AND SERVICES THROUGH A WEBSITE

This article provides a brief outline of the legal background when selling goods and services through a website.

When selling through a website it is important to have terms and conditions in place. The relevant terms must be set out in writing as an online contract will be as enforceable as any other type of contract.

If you sell goods to consumers through a website, it is important to be aware of the following regulations:

The Sale of Goods Act 1979   This Act states that goods that are sold must be as described and of satisfactory quality.

If consumers discover that products do not meet these requirements they can reject them and ask for their money back providing they do so quickly. Alternatively, they can request a repair or replacement or claim compensation.

The Sale of Goods Act has been amended by the Sale and Supply of Goods to Consumers Regulations 2002.

The Consumer Protection (Distance Selling) Regulations 2000 Distance Selling Regulations give protection to consumers who shop by phone, mail order, via the Internet or digital TV. The protection includes:

  • The right to receive clear information about goods and services (including information about the arrangements for delivery of the product and information about the seller) before deciding to buy;
  • Confirmation of this information in writing;
  • A cooling off period of seven working days in which the consumer can withdraw from the contract;
  • Protection from credit card fraud.

The Unfair Terms in Consumer Contracts Regulations 1999 prevents sellers from enforcing terms in a contract which are contrary to the requirement of good faith and which causes a significant imbalance in the rights and obligations of the parties to the detriment of the consumer. Sellers must also ensure that they use clear and plain language when drafting because transparency is an important part of fairness.

These regulations provide significant protection to consumers and so must be adhered to very carefully by sellers. If a term is unfair, it will not be binding on the consumer. If an unfair term excludes or limits liability for unsatisfactory goods or poor workmanship, the consumer can sue for compensation regardless of it. If an unfair term is unenforceable, the rest of the contract may still be valid (unless it is unworkable without the unfair term).

Assessment of fairness takes into account the nature of the goods or services, all the circumstances relating to the conclusion of the contract and the effect of other terms in the contract or another dependent contract. This means that a term considered fair in one agreement is not necessarily fair in another.

Consumers should have the opportunity to read all the terms and conditions before agreeing to the contract. Therefore, you should ensure that the terms and conditions are clearly accessible on the website.

The Data Protection Act 1998 The purpose of the Act is to protect the rights of the individual about whom data is obtained, stored, processed or supplied rather than those of the people or organisations who control and use personal data. The Act applies to both computerised and paper records depending on the type of filing system.

If you wish to pass on individuals’ details to other organisations or wish to contact them about promotions in the future, you must obtain their consent to this. Provisions of this kind may be acceptable where there is a free choice to agree to them or not, for instance, via an option separate from the rest of the contract. But note that fairness is much more likely if consumers have positively to “opt in”. A chance to “opt out” in small print may be missed or misunderstood. In any case the chances of fairness will be increased if the significance of the choice is indicated and drawn to the consumer’s attention.

The Act requires that appropriate security measures will be taken against unauthorised access to, or alteration, disclosure or destruction of personal data and against accidental loss or destruction of personal data. It is important to ensure that your terms and conditions contain an appropriately worded privacy policy.

The Electronic Commerce Regulations 2002 states that when selling online, information must be given in a clear and ambiguous manner about the technical steps to complete a contract, prices must be clearly stated, details must be given about the supplier (in particular, the name and address and registered office address if this is different, e-mail address, the company’s registration number, any Trade or Professional Association memberships and the company’s VAT number) the fact that any orders must be acknowledged without undue delay and there must be available to the user of the site the ability to identify and correct any errors prior to the placing of their order.

Excluding liability

It is not advisable to exclude liability when dealing with consumers. You are never able to exclude liability for faulty goods or death and personal injury. If a consumer makes a mistake when entering details online, s/he should be given a reasonable opportunity to correct the error before they place their order. If you fail to do so, consumers will be entitled to rescind the contract.

AN OVERVIEW OF CONTRACT LAW

A contract is a legally binding agreement setting out the rights and obligations of the parties involved.

The word “contract” is often misunderstood as it suggests a formal written document. However, according to the law a contract can be made in writing, orally or by conduct.

Although verbal contracts are enforceable, it is always prudent to have a written document setting out the terms which can then be used as evidence if there is a disagreement later. The Legal Stop offers a wide range of downloadable contract templates and fixed fee bespoke documents drafting, please visit our website for all your legal needs.

A contract is made only when four criteria are satisfied. They are:

  • Offer
  •  Acceptance
  • Consideration, and
  • An intention to create legal relations

Offer

An offer is a promise by one party to enter into a contract on certain terms. It must be specific, unambiguous and capable of acceptance and made with the intention of being accepted. An offer can be made to an individual, a group of persons or even to the world at large and may be spoken, written or implied by conduct.

An offer must be distinguished from an “invitation to treat”, which merely invites the other party to make an offer and does not carry the intention of being bound. An example of an invitation to treat is a display of goods in a shop. The offer to buy is therefore made by the customer and the shop is free to decide whether or not to accept the offer.

An offer can be cancelled at any time before it is accepted by the other party. If the other party decides not to accept the offer, then they cannot change their mind and accept it as the offer is regarded as having been terminated.

Acceptance

Acceptance must be made in response to the offer and must correspond with the terms of the offer and it must be communicated to the other party to the contract. An offer can be accepted by a communication to the person making the offer or by conduct. Acceptance by communication can include any clear indication to accept the offer as long as this is communicated to the person making the offer. It is therefore established law that acceptance can occur by clicking ‘I accept’ on a website or even sending an e-mail.

Sometimes, rather than accept an offer, a party may decide to make a counter-offer. This will amount to a rejection of the original offer so no contract is made. It will amount to a new offer and the person who made the original offer can then choose whether or not to accept it. Where a counter-offer is accepted then those terms rather than the original terms proposed will be the terms of the contract. If this occurs it is often termed “the battle of the forms” and it will often be difficult for the court to determine which set of conditions prevail.

The general rule is that an acceptance is not effective until it is communicated to the other party who made the offer. There are two rules on acceptance:

  1. The reception rule: it covers situations which involve instant communications such as telephone conversations, face to face negotiations, etc.
  2. The postal rule: as a general rule an acceptance must be brought to the attention of the person who made the offer. However, communication through the post is an exception to this rule. The postal rule is that acceptance is deemed to be effective at the time of sending. This is the position even if the letter is lost or delayed in the post provided of course it was correctly addressed. However, it is always advisable to obtain proof of posting to reduce the risk of disagreement at a later date.

The difficulty in relation to contracts formed via a website in relation to electronic communications is regarding whether or not the postal rule applies. Please note that the Electronic Commerce Regulations 2002 require suppliers to clearly state how an electronic transaction governed by the regulations is to be completed. If an offer does not specify the method of acceptance then it can be done by any way chosen.

Consideration

If a contract lacks consideration then it can only be enforced if it is made by deed. To be considered “good consideration” it must have some value even if, in the context of the agreement, it is only a nominal amount.

As a general rule, past consideration is no consideration. If a party is merely discharging a pre-existing obligation then there is no consideration for it. An example is where A is owed £20 by B and agrees to accept £10 instead. A is not precluded from later asking B for the balance of £10 as there was no consideration for accepting a lower sum because B was already under an obligation to pay the original amount.

Intention to create legal relations

The final point required in order to make a valid contract is to show that the parties intended to create a contract. In commercial transactions there is a rebuttable presumption that the parties intend their agreement to be legally binding. Common ways of rebutting this presumption are by the parties writing comfort letters, letters of intent or by using the words “subject to contract”.

Letters of comfort are used in loan finance transactions. They are issued by third parties and are often given to banks in relation to loans and are letters which provide encouragement or comfort to the lender to proceed with the loan.

Letters of intent are frequently used when negotiating mergers and acquisitions. The main purpose is to record a non-binding outline of the terms that the two parties have agreed.

The use of the phrase “subject to contract” is also used to rebut the presumption of contractual intent. It means the parties have not yet reached an agreement and are still negotiating.

Provided the elements of offer, acceptance, consideration and intention to enter into legal relations are present then a contract will have been formed. Thus, an oral agreement which satisfies these conditions will amount to a binding contract and each party will then be able to rely on those terms, and if necessary can take appropriate action to enforce these.

The Legal Stop is a straightforward online business using information technology for the public good. We aim to make the law and provision of legal services more accessible and transparent to people and businesses alike.

We provide fixed fee legal services and legal and business document templates for all types and sizes of businesses. We offer a wide range of downloadable contract templates and online legal services to businesses, start-ups, and individuals. Our services include:

  • Legal and Business Document Templates
  • Request a Template Service
  • Fixed Fee Legal Advice
  • Fixed Fee Bespoke Document Drafting
  • Free Legal Documents and Information

PROFIT A PRENDRE

A Profit a Prendre is an interest in land and gives a person the right to enter another’s land and take something from the land such as crops, timber, pasture, fish, game or minerals. The thing taken must be part of the land and be capable of being owned. A Profit cannot include water.

In other words, Profits a Prendre are usually rights to take from another person’s land something on the land itself or the wild animals existing on it that is the property of the landowner.

Examples of Profit a Prendre include rights to:

  • graze stock
  • plant and harvest crops
  • quarry stone, sand or gravel, or
  • take timber

A Profit can be Appurtenant or in Gross. An Appurtenant Profit can only be used by the owner of the adjacent property. It does not exist in its own right and is annexed to the ownership of other land. Conversely, a Profit in Gross is an interest in land that can be bought and sold separately from the ownership of the land itself. It exists in its own right and can be sold, purchased, assigned or otherwise transferred by its owner separately from the land over which the right arises (it exists independently of land).

A Profit a Prendre in Gross may be created by:

  • Deed of Grant
  • Common Law Prescription, or
  • Under the Doctrine of Lost Modern Grant (which presupposes a grant that cannot now be produced).

Please note that a Profit a Prendre in Gross cannot be acquired under the provisions of the Prescription Act 1832.

Prior to the LRA 2002, Profits a Prendre in Gross were not capable of registration separately from land. However, since 13 October 2003 a Profit a Prendre in Gross can be registered with its own title.

To be capable of registration under its own title, a Profit a Prendre in Gross must:

  • exist in its own right and not be annexed to the ownership of other land
  • be held in fee simple or for a term of years with more than seven years unexpired
  • be granted by deed, acquired by prescription at common law or acquired under the doctrine of lost modern grant
  • be in respect of something which is capable of ownership (it cannot be in respect of water as water is not owned by anyone)

The Legal Stop is a straightforward online business using information technology for the public good. We offer a wide range of downloadable contract templates and online legal services to businesses, start-ups, and individuals. In our portfolio of document templates we also have a Deed of Grant – Profit a Prendre in Gross to be used in order to grant the following rights:

  • profit of estovers
  • profit of pasturage
  • profit of turbary
  • profit to mow and take grass and hay
  • profit in gross of venery (including birds)
  • profit of piscary
  • profit in gross to sow, harvest and take arable crops

 

 

Ministry of Justice Called “Shambolic”

MPs called the government department “shambolic” because of the contract for court language services in England and Wales.

The Commons justice committee said that the Ministry of Justice had no fears that the things would change with this contract and the standards would fall.

According to ministers the initial problems were followed by “dramatic improvements”. This contract began functioning in early 2012.

As a result all the translation and interpreter services for victims, witnesses and defendants instantly ran into difficulties.

The answer of the committee is that the Ministry of Justice was not well prepared on the complexity of court interpreting and translation work.

“The Ministry of Justice’s handling of the outsourcing of court interpreting services has been nothing short of shambolic,” committee chairman Sir Alan Beith said.

This happened because the MoJ did not have an objective vision on the needs of courts and did not listen to the warnings of the professionals who wanted to help them provide quality interpreting services.

Now MoJ is about to launch a far-reaching competitive process for probation services.

The government department had to listen to the warnings about the complexity of this kind of work before it decided to sign the five-year deal with Applied Language Solutions.

MPs believe the department may have instructed court staff not to co-operate with its inquiry because it was contemptuous of Parliament.

Helen Grant said that at the start of the contract there had been “significant” issues but later, “swift and robust action” had led to “dramatic improvements”.

She also said: “The changes we have made have led to major savings for taxpayers, totalling £15m in the first year, and we continue to monitor the contract on a daily basis and demand continuing progress.”

For any kind of legal contracts, do not hesitate to contact The Legal Stop!

 

 

LONE WORKING: OVERVIEW

A general overview on lone workers and the legal implications employers face with lone working.

Several jobs can require people to work alone. Lone workers are people who work by themselves without close or direct supervision.

There is no specific law dealing with lone working. However, all health and safety legislation apply equally to lone workers.

The Health and Safety at Work etc. Act 1974 states that employers have a duty to ensure the health, safety and welfare of employees; the Act also applies to lone workers.

The Management of Health and Safety at Work Regulations 1999 require employers to make suitable and sufficient assessments of risks to their employees. Employers are also required to make arrangements for the health and safety of employees by effective planning, organisation, control, monitoring and review. If the risk assessment shows that it is not possible for the work to be done safely by a lone worker, then other arrangements should be put in place.

Unfortunately employers often forget their responsibilities to lone workers, in particular in respect of issues such as risk assessment, welfare provision, recording of injuries, first aid provision and consultation.

Many of the hazards that lone workers face are similar to those faced by other workers. However, the risks involved may be greater because the worker is on their own. Thus, protection of lone workers must start with a full risk assessment of the work that lone workers do. Risk assessment should help employers decide on the right level of supervision.

The HSE, in its guidance on lone working, stresses that the risks must be assessed and controlled and says that employers of lone workers should:

  • involve staff or their representatives when undertaking the required risk assessment process;
  • take steps to check control measures are in place (examples of control measures include instruction, training, supervision and issuing protective equipment);
  • review risk assessments annually or, when there has been a significant change in working practice;
  • when a risk assessment shows it is not possible for the work to be conducted safely by a lone worker, address that risk by, for example, making arrangements to provide help or back-up; and
  • where a lone worker is working at another employer’s workplace, that employer should inform the lone worker’s employer of any risks and the required control measures.

Employers generally think that lone workers are covered by the same policies that apply to other employees. This assumption is wrong because even if many of the risks faced by lone workers are the same as those faced by other workers, lone workers also face increased and additional risk.

It is paramount for employers to have a Lone Working Policy in place in order to comply with their legal obligations. The purpose of a well drafted Lone Working Policy is to ensure that there are adequate systems in place to ensure the health, safety and welfare of lone workers in order to reduce the risks of lone working as far as is reasonably possible and practicable. It should set out the steps employers should take in order to comply with their legal duties to ensure the health, safety and welfare of their employees under the Health and Safety at Work Act 1974. It should also provide the framework for identifying the possible risks faced by lone workers and outlines the procedure that must be followed to minimize or pre-empt those risks in order to comply with The Management of Health and Safety at Work Regulations 1999.

The Legal Stop provides several online fixed fee legal services including legal and business document templates. All of our templates are professionally drafted and written in plain English. We recently introduced a new service: Request a Template Service where If you cannot find on our large database of documents the template you are looking for, then by just filling in a short online form within 48 hours you will receive your template at no extra cost!

Directors’ General Duties under the Companies Act 2006

This briefing is intended to give you an overview of the general duties set out in the Companies Act 2006 and to provide some practical guidance to help you comply with those duties.

Every director of a company owes a number of duties to the company they are appointed to. Compliance with each of the general duties is the personal responsibility of each director. The main directors’ duties are set out in statute in sections 171 to 177 of the Companies Act 2006 (the CA 2006). The failure by a director to comply with any of the general duties has potentially serious consequences for that director.

Under the CA 2006 any person occupying the position of director, whether or not they are actually named ‘director’ and or have been validly appointed, will be a director of the company and will be subject to the general duties. In addition, shadow directors may also be subject to the general duties. A ‘shadow director’ is a person who has not been appointed as a director of the company but in accordance with whose directors or instructions the directors of the company are accustomed to act.

The general duties are:

  • a duty to act in accordance with the company’s constitution and only exercise powers for the purposes for which they are conferred;
  • a duty to act in the way the director considers, in good faith, would be most likely to promote the success of the company for the benefit of its members as a whole and in doing so have regard to various specified matters;
  • a duty to exercise independent judgment;
  • a duty to exercise reasonable care, skill and diligence;
  • a duty to avoid a situation in which the director has, or can have, a direct or indirect interest that conflicts, or possibly may conflict, with the interests of the company;
  • a duty to not accept a benefit from a third party conferred by reason of the director being a director, or his doing (or not doing) anything as a director, and
  • a duty for the director to declare if he is in any way, directly or indirectly, interested in a proposed transaction or arrangement with the company, and the nature and extent of that interest, to the directors.

It is important to note that any provision in a company’s articles of association, a contract or otherwise, that purports to exempt the directors from compliance with the general duties is void.

A company may, through its articles of association, go further than the general duties by placing more onerous obligations on its directors. However, the articles of association may not ‘dilute’ the general duties.

Duty to act in accordance with the constitution and properly exercise powers

Each director must ensure that they:

  • only exercises their powers for the purposes for which they are conferred, and
  • acts in accordance with the company’s constitution.

For these purposes, a company’s constitution includes (but is not limited to):

  • the company’s articles of association, and
  • any resolution or agreements affecting the company’s constitution.

Every director should ensure that they are fully aware of the content of the company’s constitution and all resolutions and agreements affecting it.

Duty to promote the success of the company

This duty requires that director acts in the way they consider, in good faith, would be most likely to promote the success of the company for the benefit of its members as a whole. To be able to comply with this duty, the directors should first establish what ‘success’ means for the company.

Duty to exercise independent judgment

A director has a duty to exercise independent judgement, which means that he or she must not blindly follow the advice or instructions of a third party or fetter his or her discretion.

Duty to exercise reasonable care, skill and diligence

A director has a duty to exercise the same reasonable care, skill and diligence that would be exercised by a reasonably diligent person with:

  • the general knowledge, skill and experience that may reasonably be expected of a person carrying out the functions carried out by the director in relation to the company, and
  • the general knowledge, skill and experience that the director has.

This is a two part test, the first part of the test is objective and sets a minimum standard for a director based on their particular role and responsibilities. The second part of the test is subjective and takes into account the particular director’s actual experience, knowledge, skills and specialism.

Duty to avoid conflicts of interest

A director must avoid a situation in which he has, or can have, a direct or indirect interest that conflicts, or may possibly conflict, with the interests of the company.

The prohibition relates to the situation rather than the actual conflict, thus, it appears that this duty applies whether or not the director has any influence over the situation and even if the conflict in question is trivial in nature. The scope of this duty is therefore very wide!

This duty is not infringed:

  • if the situation cannot reasonably be regarded as likely to give rise to a conflict of interest;
  • if the matter has been authorised in advance by the directors in accordance with the CA 2006, or
  • where a company’s articles contain provisions for dealing with conflicts of interest, the directors have acted in accordance with those provisions.

Please note that authorisation cannot be given retrospectively and it applies to the conflict situation only and not other breaches of duty.

Duty not to accept a benefit from a third party

A director is under a duty not to accept a benefit from a third party that is conferred because:

  • he is a director, or
  • he has done (or not done) anything as a director.

This duty does not catch benefits accepted by a director from the company, an associated body corporate or a person acting on behalf of the company or an associated body corporate.

There is no definition of what constitutes a ‘benefit’, although it is thought to have a broad meaning that covers benefits of any description, including non-financial benefits.

Duty to declare an interest in a proposed transaction or arrangement

A director who is in any way, directly or indirectly, interested in a proposed transaction or arrangement with the company has a duty to declare the nature and extent of that interest to the other directors before the company enters into the transaction or arrangement, except where:

  • the director is not aware of his interest or the transaction or arrangement in question (although for this purpose, the test is objective and director is treated as being aware of matters of which he ought reasonably to be aware);
  • the interest cannot reasonably be regarded as being likely to give rise to a conflict of interest;
  • the other directors are already aware of the interest (and for this purpose, the test is objective and the directors are treated as being aware of matters of which they ought reasonably to be aware), or
  • it concerns the terms of his service contract that are to be considered by a meeting of the directors or a committee of the directors.

The declaration of interest must be made as soon as reasonably practicable after the director becomes aware of the interest.

Breach of a duty

The consequences of a breach of duties may, amongst other things, include:

  • damages or compensation where the company has suffered loss;
  • restoration of the company’s property;
  • an account of profits made by the director, and
  • rescission of a contract.

It may be possible for a director to be protected from liability in the event of a breach of the general duties by:

  • directors’ insurance;
  • an indemnity from the company;
  • ratification by the members of the company, or
  • relief from the court for the breach of duty.

 

The Legal Stop provides several legal documents and contracts aimed at helping you comply with your legal duties as director!

The Investigation of Google Comes to its End

After a two-year-long investigation, Google has now been cleared of rigging search results to favour its own products and services.

As a result of this investigation the search engine giant was forced to stop the usage of information from other providers in their search results and also to give advertisers more data on their campaigns.

Another change that the American internet company had to make was the way it operates its Motorola Mobility arm and the patents acquired.

Google was criticized by the Federal Trade Commission (FTC) for the usage of patents in order to make other companies paying considerable sums of money.

For future Google has promised to charge “fair and reasonable” rates to companies using the patents.
In the words of John Leibowitz, who is the chairperson of the FTC, the investigation proved that Google sometimes favoures its services but it does not do it “without legitimate justification”.

The developments seemed confusing and disappointing to the body representing different Google critics and it said:

“The FTC’s decision to close its investigation with only voluntary commitments from Google is disappointing and premature, coming just weeks before the company is expected to make a formal and detailed proposal to resolve the four abuses of dominance identified by the European Commission, first among them biased display of its own properties in search results.”

The answer of the chief legal officer of Google, David Drummond, was published in a blog saying that after 19-month search through Google’s documents the FTC had finally closed their investigation.

“The conclusion is clear: Google’s services are good for users and good for competition.”

 

 

Deed of Gift Form

A Deed of Gift is a formal legal document used to give a gift of property or money to another person. It transfers the money or ownership of property (or share in a property) to another person without payment in return.

Generally, most Deed of Gift transfers are carried out between family members as property transferred in this way is usually given out of the love and affection the giver has for the recipient.

The person who creates and executes a Deed of Gift to transfer money or property from himself to another person is called a Donor and the person receiving the gift is called the Donee.

Transferring property or money by way of gift must be executed as a Deed because no consideration is given in return for the gift, thus the document has to be witnessed. Please note that the witnesses have to be disinterested parties. In other words they cannot have a stake in the transfer of the property. If a witness stands to benefit or take a loss because of the transfer of the property, then cannot be considered disinterested and cannot act as a witness.

A Deed of Gift can be used to donate money, land and/or valuable objects to someone else.

An irrevocable Deed of Gift once signed and witnessed, transfers the gift to the Donee who takes immediate legal ownership of the gift. Consequently, the Donor cannot later change his mind and reclaim the objects he has transferred.

Giving a gift to someone can have some Inheritance Tax implications. Generally, any gifts made to any individuals will be exempt from Inheritance Tax payments if the Donor lives for a total of seven years or more after having made the gift. These kinds of gifts are usually known as Potentially Exempt Transfers (PETs).

However, if the Donor gives away an asset but keeps an interest in it or continues to benefit from it then the gift will not fall within the category of a potentially exempt transfer.

If the Donor dies within seven years of making a gift and the gift is valued at more than the Inheritance Tax threshold, Inheritance Tax will need to be paid on the value of the gift usually by the Donee or by the representatives of the estate.

However, please note that certain gifts are exempt from Inheritance Tax. If the gift in question falls within the exempt categories then, even if it is valued at more than the Inheritance Tax threshold, the Donor can pass on the asset/gift without paying Inheritance Tax.

Gifts can be made to certain people and organisations without having to pay any Inheritance Tax. These gifts are exempt whether are made during the Donor life or as part of the will.

Generally, there’s usually no Inheritance Tax to pay on gifts left to a spouse or civil partner even if it’s over the threshold, as long as they have a permanent home in the UK.

N.B. Gifts left to an unmarried partner, or a partner that is not in a registered civil partnership, are not exempt.

Furthermore, gifts made to charities, museums, universities, Community Amateur Sports clubs and the National Trust are exempt.

The Legal Stop provides different Deed of Gift templates to be used in specific circumstances:

Tougher Measures for Legal Aid Pay-backs

People on lower income who are accused of crimes are eligible for legal aid from the government to cover their costs for a solicitor. however, if they are found guilty, they are required to pay back the costs for the legal aid or part of them, depending on their financial situation. This aid has been assigned in order to ensure everyone has access to proper legal service, when accused of crime. However, it turned out that only one fifth of the costs have been paid back  by the criminals last year- just £1.8m out of £10 m.

That`s why the government is now working on tougher measures for debtors, refusing to pay back their legal aid costs, when found guilty. Hopefully the planned measures will have an effect and more criminals will pay back their legal aid debt. According to the plans the new measure will feature:

  • If criminals  refuse to provide the required financial information, for an assessment of how much they should pay pack, they will be assigned to pay the full amount of the legal aid received. This way, criminals will not be able to avoid actions against them, by simply not responding.
  • If someone is trying to deceive the system by claiming less earnings or assets, in order to pay lower amount, they will be entitled to pay an extra sum, in addition to their estimated pay back amount.
  • The government will be given more power to deal with the assets of the criminals, who refuse to pay back their legal aid costs.

Chris Grayling, justice Minister said:  ”These proposals set out robust measures that will see more costs recuperated from criminals.”It is not right that law-abiding citizens foot the bill when those concerned can pay.”

At the moment the MoJ is undertaking a consultation on the potential of the proposed measures, which is expected to end on the 11th of December.

At The Legal Stop, we are not eligible to fund any legal aid costs, however, we can provide a great legal service, offering you the highest quality legal documents at the lowest possible prices.