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  • Court cannot put retroactive date on part of Agreement.?

    I am pretty good at law BUT someone out there may already know the Precedent Case/s I am seeking. This is UK law only please

    The essential part is a Financial Consent Order in Divorce. One part of the Agreement was that one part would pay the other party half of any Redundancy package they received. Now that came in effect in October BUT the monies have not been paid over and they have applied to the court to determine an end date for that part of the agreement (Clause in the Agreement), However, they are asking the court to put an end date on part of the agreement that came into force in October and I am sure a Court cannot add a retroactive date to something already in play.

    The example case can be from any aspect of law as all law is equal. It does not have to be a divorce case.

    I can't think of the specific case at present - any help..

    2 AnswersLaw & Ethics7 years ago
  • When will the FAT LADY sing for America?

    Africa trades more with China than anywhere else and now the same is becoming true of South America. US Industrial Production only equals what Egypt gets from its Tourist Trade. Germany wants its Gold back but can't have it until 2020 which implies America doesn't have it having sold it through Goldman Sacks and Morgan Stanley about 40/50 times. The American debt is 17 Trillion Dollars or $53,500 for every, man woman, child and baby. China will soon overtake America financially and when the brown stuff hits the fan... How soon will the Fat Lady sing????

    2 AnswersOther - Society & Culture8 years ago
  • When will America split up?

    Americans like asking the English silly questions such as Who is the President of England.

    Now, when they lost the last Election, a lot of Republicans decided to Campaign for their State to leave the Union - on the basis that we don't believe in Democracy when people don't vote for us. So what is happening about that?

    Also, if the principle is sound, how long will it be before the populations of Texas, California, New Mexico, vote to leave and join the United States of Mehico???

    Then the story at the Alamo will be amended to show how Santa Anna defeated a bunch of Terrorists.

    8 AnswersOther - Politics & Government8 years ago
  • JSAG/Work Program which applies?

    I have read on another site (but I can't post there) that a Job Seekers Agreement only last 13 weeks and is no longer applicable if you go on a Work Program. Is this correct? My JSAG was signed over Six Months Ago and I have been on the Work Program ever since.

    1 AnswerTechnology8 years ago
  • Employment - no paid work?

    I have been unemployed for quite a while and been placed on a Work Programme. I was informed that they had a job 40 hours a week for 8 weeks - Great. I attended with about 100 people and we were all told fill this form in - you have a job.

    I attended the job only to be sent home day after day as they had no work - no work - no pay. I am considerably worse off than I was when I was on benefits. The Work Programme made no one aware there may not be any actual work and no pay as a consequence.

    This is surely improper and illegal as none of us were supplied with vital information - there is no work .

    Sensible comments please and not insults.

    3 AnswersLaw & Legal9 years ago
  • Explaining leaving last job?

    I left my last job, took my former employer to an Employment Tribunal and won but I am subject to a Gagging Order. What can I say to answer why I left my last job without breaching the order?

    1 AnswerOther - Careers & Employment10 years ago
  • Advice Please - Trustees.?

    Now I know I should never ask for more than General Advice but you don't have an 80 year old mother who is looking to me for assistance. Any advice and possible guidance would be very gratefully received.

    My mother is one of two life tenants of a Interest in Possession trust which came into existance in 1968 as a Settled Land Act trust.

    Last Christmas I visited my mother and found that she only had £70.00 as the trustee had not paid her income from the last year of account 2009 -2010. They acknowledged that they owed her money but gave no indication when they would pay. I helped her sue and they acknowledged the debt of £28,771. Judgement was entered plus interest and costs making the total £31K.

    When she received the accounts and cheque for 2010 -2011 they had clawed back all £31K and only paid her £647.00. They also advised that they were splitting the trust between her and her brother.

    Letters were sent telling them that their accounts were refused and full documentary evidence was required and that their proposal to split the trust was refused.

    Papers have been received which are being checked but they do not provide a proper answer to the accounts. They also say they are going ahead with splitting the trust despite her refusal. Now I know they have a duty not to act partially and haver to act in the interests of all parties including the remainder men, so removing them would be an option.

    However, my despite winning the action my mothers finances are not strong as she had ben living on credit cards and I am in no position to help.

    I think that the best thing to do is write reminding them of their duty and telling them their proposal is still refused and if they proceed action will be taken to remove them. However, that action will have to wait because of the cost. Sue them for this years accounts. I doubt any court will find anything other than in her favour, paying her 1.11% of what is normally due would be hard to argue. The money gained can then be used to remove them and I would think (comment please) that 2 successful actions against them plus their showing action in splitting the trust would make it very dificult for a judge not to order their removal.

    Please.

    3 AnswersOther - Careers & Employment1 decade ago
  • Liquidated or Unliquidated demand - UK LAW?

    Background - My mother is a life tenant of a Interest in Possession Trust. In January 2011 she issued County Court Proceedings against the Trustee for income due of £28,771 for the accounting period April 2009 - April 2010. She had written to them several times to which they had replied, Yes, we owe you the money, we will pay when we choose. They admitted the debt and on the 31st January 2011 Judgement was entered plus interest and costs which they eventually paid but only after being threatened with Liquidation proceedings.

    My mother has just received the accounts for April 2010 - April 2011 and they have listed the £28,771 as a debt from the 2009 - 2010 accounts and added numerous addition but unproven charges so that she has only received a payment of 1.11% yes, one point one percent of the income. Now what they are doing in trying to keep her out of her money is clear and an action to remove them would no doubt succeed but, getting the money and obtaining another judgement against them would no doubt help.

    Questions have been asked to which they will, no doubt, not reply. How could we make a claim for a specified sum if we have no idea what that sum would be. Could we make a claim for an unliquidated amount plus interest, damages and costs and how might we word it.

    I have no doubt we will win and any judge will instantly see that 1.11% after being sued is totally wrong but I need to know how and what to do please.

    Obviously, once we win, removing them on the evidence of two Judgments and clear prejudiced by them towards my mother would be simple and a Chancery Action could otherwise be very expensive and long running.

    1 AnswerInvesting1 decade ago
  • Trustee - Interest in possession trust?

    My mother is one of two life tenants of an Interest in possession trust that has existed since 1964. The other tenant has proposed splitting the trust. She disagrees as do the remainder men. The trustee is showing partiality and seems to want to do as requested. Can they, when the proposition is opposed by the majority as it is not in the interest of all the beneficiaries?

    Comments please

    1 AnswerLaw & Ethics1 decade ago