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Adnan - My Work Experience

My Work Experience

This summer I have been fortunate enough to obtain a work experience placement in a law firm called Adams Solicitors.At first I thought that working in a law firm would consist of doing very tedious tasks and making cups of tea for everyone. To some extent it has, but I have also found that the tasks have varied which keep it interesting and I have learnt a lot.I was extremely nervous on my first day; I had never met any of the people that I would be working with. However, because the people are very friendly and welcoming it has been very easy for me to settle in. During my first day I was asked to make tea. Long story short, by the time I handed the tea over, half of it was gone.In the two weeks of my work experience I have attended numerous meetings, some business related and others with clients. From these meetings I have learnt how it feels to be in one and how to portray your self in a meeting.Halfway through my work experience, I was lucky enough to be joined by someone else doing their work experience. This meant that I had someone to relate to as they were in a similar situation to the one I was in.Overall, from my work experience I have learnt that it is important to have very good communication skills as it enables you to work together with your colleagues and would be handy when using a telephone. As well as this you need to be very organised so that you don’t lose or misplace things. In the future I would love to work with Adams Solicitors again or even possibly gain employment there. 
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Towards a Consumer Bill of Rights - Clarification of Your Rights

A review of the law has found that it is difficult for consumers to identify their rights in relation to the purchase of goods and services. This is hardly surprising given that the legislation identifying consumer rights is spread across 12 different statutes and regulations, all with varying degrees of protection. Further, the present law is out of date and makes no provision for digital content or the recent EU Consumer Rights Directive. In order to clarify, modernise and consolidate the law, the Government proposes introducing a Consumer Bill of Rights, making it simpler for consumers to locate their rights and insist that they be enforced.Rights when purchasing goodsThe current protection for consumers purchasing goods is set out in seven implied terms, which ensure that consumers get what they pay for and have recourse against the seller where goods do not comply with their description or are faulty. It is not possible for the seller to contract out of the implied terms.The government is of the view that the current level of protection provided is high, but that consumers find the implied terms confusing, not least because the available remedies vary depending on the type of sale (hire purchase and/or conditional sale). As a result, the government proposes introducing a number of statutory guarantees which will, among other things, set out a clear time limit on the right to reject substandard or faulty goods for a full refund (30 days), clarify the number of times that faulty goods may be repaired or replaced and unify the remedies available so that they are consistent across all types of contract.The Consumer Bill of Rights will also implement the EU Consumer Rights Directive, which requires a seller to provide a consumer with information about the goods prior to a sale, including the nature and main characteristics of the goods, the price and the name and address of the seller. The seller must also deliver the goods within 30 days of the sale, a higher level of protection than the current law, which simply requires delivery within a reasonable time.Rights when purchasing servicesThe law presently provides only that services must be provided with “reasonable care and skill” and it is possible for a provider of services to limit its liability. In order to establish that services were NOT provided with reasonable care and skill, a consumer would need to show that the services were provided negligently, which necessarily requires the involvement of the Courts. There are no specific remedies available for a consumer who has received poor service - they are reliant on the basic law of contract/tort. Further, the consumer is not entitled to terminate the contract and there is no requirement on the service provider to “make things right”. The consumer’s only real remedy is in damages.It is proposed that the Consumer Bill of Rights will apply only to services provided by contract and then, only in the course of business, where services are exchanged for something of value. The Consumer Bill of Rights will replace the implied term that services must be provided with “reasonable care and skill” with a statutory guarantee and clear remedies for breach of the guarantee. For example, the service provider will be required to repair, provide the service again or provide a discount. Further, the service provider will not be entitled to limit their liability in relation to the above statutory remedies.Rights when purchasing digital contentIt is hardly surprising that the present consumer legislation does not make any provision for digital content, particularly given that the most recent legislation dates back some 30 years. As a result, the purchase of digital content such as music, software and the like is surrounded with a degree of uncertainty as to how a consumer might be compensated if the digital content is “faulty”.The government proposes introducing a bespoke regime for the protection of consumers purchasing digital content. The Consumer Bill of Rights will contain the following “rights”:- the seller must have title to (or own the rights to) the digital content;- the digital content must meet the description provided;- the content must be of satisfactory quality, in that it meets the consumer’s expectations in terms of quality and fitness for purpose;- the digital content must match the trial or demonstration version.In terms of remedies, it is proposed that faulty or substandard digital content must be repaired or replaced. If this is not possible or causes significant inconvenience to the consumer, the price should be discounted, or refunded in full. These remedies are intended to be available for 6 years from the date of purchase (in circumstances where the fault was in fact present at the time of purchase, but not immediately visible).The government has sought comment from the public in relation to the suggested Consumer Bill of Rights and the results of the consultation are expected shortly. We will provide you with further information regarding the Consumer Bill of Rights following publication of the consultation response.
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The Queen Announces New Immgiration Bill

In her recent speech setting out the Government’s proposed legislation for the year ahead, Her Majesty the Queen announced a bill intended to reform the immigration system. She said “the bill will ensure that this country attracts people who will contribute and deters those who will not”. Although the draft bill is yet to be published, the government has provided some broad guidance setting out what the bill is intended to achieve.- Access to services - The Bill intends to regulate immigrant access to public services, such as the NHS and social housing. It is thought that the Bill will require immigrants to make some sort of financial contribution before obtaining NHS care. It is not known at this stage what form such contribution might take or how it would be enforced.- Driver’s licences - Illegal immigrants will be prevented from obtaining UK driver’s licences, which will in turn affect their ability to obtain access to paid work/bank accounts and the like.- Landlords will be required to check the immigration status of all of their tenants. The Government intends to impose tough penalties on those private landlords who do not comply with the requirements, although it is not clear how this rule might be policed.- Use of illegal labour - The Bill will introduce tougher fines on those businesses that employ illegal immigrants.- Removal from the UK - The Government expects to introduce measures to make it easier to deport immigrants when required, including where the immigrant has committed a serious crime. It will be more difficult to appeal such decisions. Indeed, only immigrants whose cases that raise important issues will be able to appeal immigration/deportation decisions.- Public Interest - Applications from criminal immigrants seeking to avoid deportation on the basis of Article 8 of the European Convention on Human Rights (the right to family life) will be required to be weighed against the impact on society in general and the victim(s) of the crime.The new measures are unlikely to have much impact on immigration originating from within the EU, which is expected to increase when restrictions on Romanian and Bulgarian immigrants are lifted at the end of the year. As such, it is likely that the Bill will have the effect of further restricting the flow of skilled migrants from outside of the EU, a significantly smaller group of people. Further, as mentioned briefly above, it is difficult to imagine how some of the new principles might work in practice. Employers and landlords in particular would be well advised to keep a close eye on the Bill as it passes through Parliament to ensure that they are aware of their precise obligations.We will provide you with further details regarding the Immigration Bill and how it might affect you and your business when the draft wording is published. Should you have any questions regarding the above broad principles, please do not hesitate to contact This email address is being protected from spambots. You need JavaScript enabled to view it.
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Non-Verbal Communication in Mediation

A mediator should be aware of different methods of non-verbal communication such as gestures and the use of physical space. A developed understanding of these aspects of communication may contribute to assisting the parties reach a settlement.A gesture is an instrument of communication which can be as powerful as a spoken word. It may also reflect on the power relationship between the person making the gesture and the person to whom it is directed. Folding ones arms while listening is generally understood to risk conveying negativity and defensiveness. A tense posture and other behaviour such as hand-wringing may suggest a degree of anxiousness.These kinds of actions are just as likely to be subconscious as they are deliberate. In either case, they may impede the mediation participants from communicating effectively due to the negative signal being sent. A mediator may look to counter unhelpfully negative gestures and body language by intervening in different ways. A direct method is to request the person in question to look at and address the mediator only. The negative effects of gestures and other non-verbal cues can be removed altogether through the use of caucusing, that is to say keeping the parties in separate areas and having the mediator “shuttle” between them. In this case, the mediator is solely responsible for the way all communications are delivered.The use of space is a significant component in communication and interaction. It has been noted in academic research that people tend to have expectations and norms about the physical space between them depending on the person with whom they are interacting and the context. These can be broken down into the following categories: intimate, personal and social. No or little distance conveys intimacy, examples of which include hugging and hand holding. Personal space tends to be characterised by a distance of about two feet, as seen between close friends. “Social” distance of about four to seven feet is the normal distance for people who work together. It is also the distance for people who do not engage in the intimate or personal sphere. People tend to become uncomfortable if they feel, from their point of view, the norm has been violated. They may make to redefine the space to address it. This can quickly tip into hostility if the feeling remains.It is a good idea for a mediator to pro-actively manage space at play during a mediation, particularly during a joint session involving all participants. While negotiating together, the parties need sufficient space to be comfortable. This requires the mediator to pay attention to the expected number of participants and give careful thought to straightforward matters such as the size of the table, if one is used, and the number of chairs that can be seated comfortably around it. A mediator may seek to place herself between the parties to sub-consciously reflect her impartiality.All of this said, there may be occasions where a mediator may strategically set out to subvert spatial expectations in order to have a different impact on the person with whom she is communicating. Sometimes this might be used to disarm someone, in a positive and constructive way, in order to open up their mind to new ways of thinking.The degree of formality of the space is relevant. A high degree of formality may reinforce the seriousness of the issues. Where litigation has been commenced and both parties face the consequences of winning or losing, the use of lawyers’ offices, characterised by an institutional setting, with office furniture and staff in formal business attire, may remind them that an even more formal forum awaits if they do not settle their differences: the courtroom. Correspondingly, a disagreement between business partners may be more appropriately be dealt with in more informal setting, such as their usual place of business. The familiar surroundings may remind the participants of what is worth preserving. The absence of a hostile or unfamiliar environment is also one less thing to think about.
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Enforcing Foreign Judgements in U.K. Courts Part 1

Enforcing foreign judgments can be a minefield. The sheer number of interlinked conventions and agreements that regulate the recognition of judgments between states can be daunting for the uninitiated. In this short series of posts we have attempted to provide a basic outline of the problems faced by our clients when attempting to enforce judgments from abroad in the UK, and the procedures that can be used to ensure that enforcement takes place. In this first post we deal with European Enforcement Orders, an accelerated procedure for enforcing uncontested civil and commercial judgments across EU member states. Our European clients have found it particularly useful for enforcing judgments for unpaid debts.• A European Enforcement Order (EEO) is an accelerated procedure for enforcing uncontested civil and commercial judgments across member states.• It does not apply to Danish judgments, as Denmark has opted out of the process.• An “uncontested” judgment is any judgment wherea) the debtor has admitted or agreed to settle the claim (with those settlement terms being approved by the court)b) the debtor has never raised an objection to the claimc) the debtor defaulted on the claim by not appearing at court or missing another deadline set by the courtd) the debtor has expressly agreed to the claim in an authenticated instrument• In cases involving wills, matrimonial assets, bankruptcy, winding up of insolvent companies, customs and excise, social security, administrative law and arbitration claims an EEO is not available and full registration procedures must be undertaken. It is, however, particularly useful for debt collection claims.• Application is made to the court that granted the judgment and an EEO certificate and will be granted assuming the case is eligible.• The EEO certificate, a sealed copy of the judgment and certified translations of the documents are then provided to the court in the member state you wish to enforce the judgment along with a payment for court fees.• Registration is then usually a formality with very limited possibility that it can be opposed.• It is possible for the court to refuse to enforce the judgment but this is very rare. It can occur where the judgment is unenforceable in the country where it was given, where there has been an intervening decision at another court and enforcement of the earlier judgment would be incompatible with that decision, or if the EEO certificate issued by the originating court does not comply with the prescribed requirements of the European regulation.• The procedures for enforcement of the judgment are then governed by the law of the member state that registered the EEO.• An EEO can be extended to cover any costs order given in the country of origin and can also be granted for the whole or only a part of the claim.• In simple cases the process of certification of the documents is likely to take between 14 and 21 days.• If you wish to enquire about our services in this area then please contact Jonathan Finebaum at This email address is being protected from spambots. You need JavaScript enabled to view it. or San Chima at This email address is being protected from spambots. You need JavaScript enabled to view it., or give us a call on 02077902000.
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