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Found 4 results

  1. My GP has said I'm fit to return to work and has signed a sick note to this effect, but my employer's OH doctor recommends my employer commissions a report from a neuro psychologist prior to any return. As I'm fit to return I do not believe I should have to take any delay as annual leave and it can't be classed as sick leave, as I'm considered fit to work. What is the solution? Would this be "garden" leave?
  2. Hi i am a director of a company and we have issued proceedings against a supplier. I have done all the pre court hearing paperwork and we have a trial date. However, I am confused as to whether I, as a director or as an employee (I take a wage from the business), can represent the company in court. CPR 39.6 says A company or other corporation may be represented at trial by an employee if – (a) the employee has been authorised by the company or corporation to appear at trial on its behalf; and (b) the court gives permission. Yet when I have researched case law I have found numerous Irish case law thats says I cant (McDonald -v-. McCaughey Developments Limited, Allied Irish Banks Plc - v- Aqua Fresh Fish Limited, Battle v. Irish Art Promotion Centre Ltd [1968] but the only thing I can find regarding the UK is Secretary of State for Business, Enterprise and Regulatory Reform v UK Bankruptcy Ltd where Lord Hodge says A company as a legal person is not the same as a natural person. Where a person chooses to obtain the benefits of limited liability by trading through the medium of a registered company, he has also to accept the disadvantages to which separate legal personality gives rise. Thus as a general rule I see no incompatibility between Article 6 and the requirement that a company be represented in court not by a director but by a suitably qualified legal representative who has responsibilities to the court and who is subject to professional discipline. Any advice please. I have no problem engaging a solicitor and attending but its quite a straight forward case on our side.
  3. Hi All, Me, my Husband and daughter(18) rented three storage "garages" from a storage company three years ago. In February 2014 they had problems with leaky roof which caused damage to daughter's stuff in her garage, which they never compensated for saying beyond their control as rain is an act of God (????). They put the charges up this year (contract to run April 14 - March 15) which we weren't prepared to pay as they still haven't repaired the roof. We therefore gave a month notice and removed our stuff on the 25th April. On the 2nd of May they then issued three invoices, mine & husband's storage fee for 1st to 25th April at double the previous rate and daughter's at three times the rate! I recalculated at previous rate and paid on the 17th May. They weren't happy with this and sent me emails threatening court, I stated that charging double/treble amount not reasonable under Supply of Goods and Services act, and charging more to cover loss of profit for loss of custom not fair under Unfair Terms and Conditions in Consumer Contract Regs 1999. They have now made a claim using MCOL for the rest of money on all three invoices - but only showing Daughter and Husband as defendants not me! I think this is as they know that husband and daughter are not as hot as me on consumer rights - and don't have as much fire in their bellies, plus both work full time whereas I have time for research! Can anyone give me advice - I believe I have a relevant defence but I'm not trained so can't become the family's legal representative. If I go I won't be able to say anything as not a defendant - can I become a defendant??? Help! - and thanks in advance for any knowledge
  4. Hello there , Hopefully in the right place ? I would really appreciate any advice re: Eviction. I assume the property I am renting is not privately owned, and is owned by a HA..... I did a mutual exchange from a Council property to HA and was only given a sparsely worded Tennancy Agreement and known as the Assignee. Any way cut a long story short, I was taken to court in 2009 for rent arrears £1,000. approx and ordered to pay £20. wk on top of rent. Subsequently, I managed to lower the arrears owed to £84. in 2 yrs, despite recieving £10.17 mth HB, on part-time wages, and £700. per calendar mth rent charges! I was refused HB and an AOE was placed on my wages as I worked for the Local Authority. The Bursar failed for 4 mths to deduct this & to inform me that I had been on BR Tax for the previous 2 yrs. She had also been underpaying P/T staff for the 7 yrs she was there !! She disappeared off shortly after. This left me with even more debt owed to the Local Authority and HA. I was then sacked from my job with the Local Authority (school) in May this yr, have not received my P45 and have been unable to claim benefits, or HB. I have been in touch with CAB, Legal Advisors, Legal Aid Solictors and the Council to understand why so many problems....but to no avail. Went to Court and had it set aside for evidence....These being repairs.... a) 20 yr old Gas Boiler with obsolete parts, b) 6 yrs of requests for kitchen repairs, c) Substantial cracks to ceiling running through to next door from 4 yrs ago, d) Cracks to outside of property walls, e) Uneven and dangerous patio slabs in garden above 3 inches, My current arrears seem to be £3,400 approx now, although this is disputed with my own calculations and differing rent statements recieved from HA....(have ALL receipts and logged payments since 2010), including photos of repairs.... Unfortunately, have to represent myself as I cannot get any Legal help whatsoever, and was asked if I had "upset" anyone in Council....NO not that I know of, but have an uncomfortable history with them.... Ideally I would like the repairs carried out and the arrears reduced or cancelled, on the grounds that I have been constantly badgered with calls, texts, threatening letters (re court and Judge not denying eviction) sarcasm of "austere times", all of which have been logged in my diary.....can anyone advise or suggest my chances of succeeding ? Thankyou.
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