Lawyer Destroyer Legal position: The EU Settlement Scheme (EUSS) is administered by the UK Home Office and applies across the United Kingdom. The primary deadline for applications was 30 June 2021, but late applications are still possible if you can demonstrate reasonable grounds for not applying by that date. This is based on current Home Office guidance, … Read more
Thank you for your question about registering a child as a British citizen based on residence in the UK. I'll explain the key legal position under current UK nationality law, but please note that the answer depends on several important details that aren't specified in your query, such as whether the child was born in … Read more
Legal position: Under UK nationality law, specifically the British Nationality Act 1981, a child born in the United Kingdom does not automatically become a British citizen at birth unless at least one parent was a British citizen or had settled status (such as indefinite leave to remain, or ILR) at the time of the birth. … Read more
Legal position: The rules on absences from the UK for naturalisation applications are set out in the British Nationality Act 1981 and associated Home Office guidance. The allowable number of days you can spend outside the UK depends on the qualifying period for your application and the basis on which you are applying (for example, … Read more
Legal position: Yes, old immigration breaches can lead to refusal of a naturalisation application. To become a British citizen by naturalisation you must satisfy the good character requirement, and the Home Office applies detailed guidance to that assessment. Past immigration breaches are one of the main categories caseworkers assess under good character. The key document … Read more
Legal position: In the UK, competent adults generally have the legal right to refuse medical treatment, even if that refusal might lead to serious harm or death. This is rooted in the principle of bodily autonomy and informed consent, which is protected under common law and specific legislation. However, the exact rules can vary slightly … Read more
It sounds like you're referring to a "child arrangements order," which is a specific term used in the family courts of England and Wales. Is that the jurisdiction you're asking about? If not, could you please clarify the relevant country, state, or legal system so I can give you an accurate response? For now, I'll … Read more
Mobile providers in the UK are bound by their contract terms and by Ofcom’s General Conditions of Entitlement, which require accurate billing and fair treatment of customers. If your bill contains roaming charges you did not expect, you have the right to query and dispute them. All providers must also belong to an approved alternative … Read more
Starting a new company after a previous one has failed: The short answer is yes, in most cases you can start a new company after a previous one has failed. However, there are some important distinctions depending on how your old company came to an end and what role you played in its failure. If … Read more
These are three distinct ways in which a company can come to an end or be dealt with when it is in financial difficulty, and they serve quite different purposes. Liquidation: Liquidation is the process of winding up a company's affairs, realising its assets, and distributing the proceeds to creditors and, if there is any … Read more
This is one of the most important questions a director can face, because getting it wrong can lead to serious personal liability. Let me walk you through the legal position and your practical options. Understanding insolvency: A company is insolvent if it cannot pay its debts as they fall due (the cash flow test) or … Read more
Yes, you can close your company if it has no debts, and you have several options depending on the circumstances. Here is a clear summary of the main routes available to you. Striking off (voluntary dissolution): This is the simplest and cheapest method and is usually the right choice for a solvent company with no … Read more
This is an important area of employment law and one that catches many business sellers off guard if they are not properly advised. The legal framework: When you sell a business (or part of a business) as a going concern, the Transfer of Undertakings (Protection of Employment) Regulations 2006, commonly known as TUPE, are very … Read more
This is a common and important question in business sales. The short answer is yes, a customer list can be sold as part of a business sale, but there are several legal considerations that need careful attention. General position: A customer list is typically treated as a business asset, often categorised as goodwill or as … Read more
This is a common and perfectly achievable arrangement, but the detail matters a great deal. The answer depends on what you are selling, how the business is structured, and what exactly you want to retain. The key starting point is the legal structure of your business: If you are a sole trader or in a … Read more
This is a core area of transactional law and one where the detail matters enormously. The warranties given by a seller in a business sale (whether structured as a share sale or an asset sale) serve to allocate risk between the parties and provide the buyer with contractual protection and potential remedies if things turn … Read more
This is an important question and the answer is yes, a buyer can potentially sue you after a business sale, though whether they would succeed depends entirely on the circumstances. Let me walk you through the main areas of risk. Claims arising from the sale agreement: The most common source of post-sale claims is the … Read more
This is a broad but important question, and the answer depends significantly on the type of transaction you are involved in. I will cover the main scenarios below, but if you can tell me more about the specific deal, whether it is a sale of a business, shares, property, or something else, I can give … Read more
Selling a small business involves a range of legal documents, and the exact package will depend on the type of business (sole trader, partnership, or limited company), what is being sold (shares or assets), and the complexity of the deal. Here is a practical overview of the key documents typically involved in England and Wales. … Read more
This is a fundamental distinction in commercial transactions and one that has significant legal, tax, and practical consequences. Here is a clear explanation of the two structures. Share sale: In a share sale, the buyer purchases the shares in the company from the existing shareholders. The company itself continues to exist as the same legal … Read more
